THE MEMOIRES OF THE LIVES and ACTIONS OF Iames and William DUKES OF HAMILTON and CASTLEHERALD, &c. In which an Account is given of the Rise and Progress of the CIVIL WARS of SCOTLAND With other great Transactions both in England and Germany, from the Year 1625, to the Year 1652.

Together with many LETTERS, INSTRUCTIONS, and other PAPERS, Written by King Charles the I.

Never before Published.

All drawn out of, or Copied from the Originals.

By GILBERT BVRNET ▪

In Seven Books.

LONDON, Printed by I. Grover, for R. Royston, Bookseller to the Kings Most Excellent Majesty, MDCLXXVII.

To the King.

May it please Your Sacred Majesty,

THE following History being a Re­lation of Your Royal Fathers Counsels and Affairs in Scotland, I hope for an easy Pardon of my Presumption in offering it to Your Majesty. Your Concern in a Work that relates so much to the King, Your Blessed Father, moved You to look on it, and read some parts of it; and after You had honoured it with a Character too advantageous for me to re­peat, You were Graciously pleased to allow me Your Royal Licence, not only to Publish it, but to Address it to Your Self: and therefore I hope Your Majesty will favourably Accept this tribute of my Duty, which with an humble Devotion I lay down at Your Feet.

My Zeal for Your Majesties Honour and Ser­vice engaged me first in this Work, and the same Passion which I derived from my Education, and still governs my Heart and Life, makes me now Pub­lish it. For nothing does more clear the Prospect of what is before us, than a strict Review of what is past; which I have laboured to make with all pos­sible Fidelity and Diligence. I know I shall not escape Censures, since few can bear a true and [Page] free History; but as I have set down nothing for which I have not Authentick Vouchers, so I have observed Your Majesties Acts of Oblivion and In­dempnity, as much as could consist with the Laws of History, and have avoided the naming of Persons upon Ingrateful Occasions. But no Precaution can secure one from severe Challenges that writes so near those Times, while many Persons concerned are yet alive: yet if Your Majesty continues to ho­nour these Memoires with Your Royal Approba­tion, I shall easily bear them.

SIR, You have here a true Account of the Ser­vices and Sufferings of two of Your Subjects, who dedicated themselves to Your Majesties Interests, and became Sacrifices for them. The Elder of these Bro­thers had not the honour of being known to Your Ma­jesty, yet he lost his life in Your Reign. The Young­er survived as long as he could serve Your Majesty: but when he saw his Life like to be unprofitable to Your Service, it became uneasy to himself, which made him so prodigal of it in Your own sight. And Your Majesty does his Memory the Honour of remembring him still with the highest expressions of Esteem and Acknowledgment which a King can be­stow on a Subject.

They had that Unblemished Loyalty conveyed to them from their Ancestors as the Entail of their Family, which has always payd an Uninterrupted Fi­delity to the Crown, and they have transmitted it as an Inheritance to those who have succeeded them, who have already given great Demonstrations of most sincere and Loyal Duty to Your Majesty.

[Page]That God of his Infinite Mercy may preserve Your Majesty, and bless you with Wise Counsels, Obedient Subjects and Prosperous Undertakings, and after a long and happy Reign on Earth, may Crown You with an Incorruptible Crown of Glo­ry, is the daily Devotion of,

May it please your Sacred Majesty,
Your Majesties most faithful, most humble, and most loyal Subject and Servant, Gilbert Burnet.
London, the 21 st of October, 1673.
CHARLES R.

WHereas Gilbert Burnet, one of Our Chaplains in Ordina­ry, hath composed a Book, entituled, Memoires of the Lives and Actions of the Dukes of Hamilton, which We have Seen and Approved; and whereas he hath humbly desired Our Royal Licence for the Printing and Publishing of the sam [...], We have thought fit to condescend unto that his Request, and We do accordingly hereby Grant Our Royal Licence and Privi­ledg unto the said Gilbert Burnet, his Heirs, Executors, Admi­nistrators, and Assigns, for the sole Printing and Publishing of the foresaid Book, for the Term of fourteen Years, to be com­puted from the day of its being first set forth. And Our Will and Pleasure is, and We do hereby Require and Command, that during the said Term of Fourteen Years, no Printer, Publisher, or other Person whatsoever, Our Subjects, do presume to Im­print, or cause to be Imprinted, without the knowledg and con­sent of him the said Gilbert Burnet, his Heirs, Executors, Ad­ministrators, or Assigns, the foresaid Book, in whole or in part, or to Sell the same, or to Import into Our Kingdom any Copies thereof, Imprinted in Parts beyond the Seas, upon pain of the Loss and Forfeiture of all Copies so Imprinted, Sold, or Im­ported, contrary to the Tenour of this Our Royal Licence, and of being further proceeded against as Offenders against the Act made in the Fourteenth Year of Our Reign, entituled, An Act for Regulating Printing, and Printing-presses, and suffering the Mulcts, Penalties, and Inflictions in the said Act, particularly mentioned, as the Cause shall require.

Given at Our Court at White-Hall, the third day of Novem­ber, 1673. in the Five and Twentieth Year of Our Reign.
By His Majesties Command, H. Coventry.

THE PREFACE.

HIstories are of all Books the most universally read: the wiser find matter of great Speculation in them, and improve their Knowledg by the Experience these give them; and weaker Persons make them their Diver­sion, and entertain Discourse with them. But most Writers of History have been men that lived out of business, who took many things upon trust, and have committed many and palpable Errours in matters of Fact, and either give no account at all of the secret Causes and Counsels of the greatest Transactions, or when they do venture upon it, it is all Romance, and the effect of their Imagination or Interest.

And indeed the Authors of all the Histories that were written for near a thousand years together, being for the most part Monks, there is no great rea­son to think they were either well informed, or ingenuous in what they deliver­ed to Posterity, though there is perhaps no Nation that is more beholding to their Labours than England is.

Of all men those who have been themselves engaged in Affairs, are the fittest to write History, as knowing best how matters were designed and carried on, and being best able to judge what things are of that Importance to be made Publick, and what were better suppressed. And therefore Caesars Commenta­ries are the most Authentick, and most generally valued pieces of History; and in the next Form to these Philip de Comines, Guicciardine, Sleidan, Thuanus, and Davila, are the best received, and most read Histories, (only the last hath failed in some particulars:) for these men wrote of things in which they were considerable Actors, and had great Interest and good Information. Next to these, those that have had the perusal of the Cabinets of great Ministers, and of Publick Records, are the best qualified for giving the World a true Infor­mation of Affairs. This makes the most celebrated History of the Council of Trent be received over all the World as a Pattern of History. Strada and Grotius are also highly valued upon the same account.

But it has been commonly found, that Historians being generally of a Par­ty, and having Ends to serve, or being under the curb of procuring Licences, have accommodated their Relation to the tast of those they intended to flat­ter, and so have corrupted the Truth with the concealment of many things fit to be known; and to make amends for that, have added as many Sophistica­ting Colours to make the best things look ill, and to give some fair appearances to the worst things. And this has generally detracted so much from the value of History, that most people begin to neglect such Books, for they do not believe that they write Truth. And it is no wonder many are full of such prejudices at Ancienter Histories, for they reckon that men in all Ages were pretty near the same temper they find them to be of at this day, and there is such foul deal­ing in the Histories of our own Time, and things that are so eminently false are positively asserted, that from thence many conclude all other Writings of that nature are likewise to be suspected: only Forgery and Impudence has not now [Page] so much Art to conceal or disguise it with, as it had in former Ages, since most of our late Histories are written either in the style and strain of Panegyricks or Satyrs, which of all things an Historian that would be believed ought to avoid most carefully; for naturally all people are apt to suspect Interest or Ma­lice, when they find much Flattery, or Passion in a History.

Too much Art does but disgrace it, for though Father Paul has written his History of the Council of Trent in as flat and plain a style as was possible, and Cardinal Pallavicini has adorned his with all the Beauty of Art and Wit; yet there appears somewhat so native in the one, and so laboured in the other, that it does much prepossess the Reader with an inclination to believe the one, and disbelieve the other.

A short and concise style, though it succeeded wonderfully with Tacitus, and not ill with Grotius; yet by the common Verdict of all men is judged not so proper for a History, which should open up things fully, so as to be easily under­stood by every Reader.

These common failings of Historians have in this last Age made people de­sire to see Papers; Records, and Letters published at their full length. Livy begun the making of Speeches in Councils, and at the heads of Armies, for States-men and Generals, and was much followed till within this Age, that these things became Vniversally distastful; and instead of that which was but the issue of the Writers brain, the World desires nothing so much as to see the Truth of things as they were really designed and acted, rather from some Ori­ginal Papers, than from the Collections or Extracts of persons of whose Fi­delity or Iudgment they are not well assured.

Of all Nations in the world the French have delighted most in these Wri­tings, so that the Memoires written in that Nation and Language since the days of Henry the 3 d, would almost make up a Library: and every year we get over new Memoires of some one Great Person or another. And though there are great Indiscretions committed in publishing many Secrets and Pa­pers, not fit for Publick View; yet this way of Writing takes now more in the World than any sort of History ever did. There is but one in this Island that hath hitherto written in that Method, and his Collections are so well received that it gives great encouragement to any who will follow him in it.

And indeed it is a much easier thing to write in this way than any other, for when a man undertakes a History, he ought to be well informed of all that passed on both sides, and is obliged to publish every thing that is of Importance for opening up the secretest Causes and Beginnings of great Changes or Revo­lutions; this being the chief Instruction that men receive from History, by which they are most enabled to provide against, and prevent mischief for the future. But he that writes Memoires from a Collection of Papers that are in his hands, has no such ties on him, being only obliged to give a faithful ac­count of such things as are in his Papers; and where these fail, he is at no loss, but may well pass over such Particulars as occur not to him.

For the Lives of Great Persons, though it might have been expected that after the many excellent Patterns Plutarch had left the World, those should have been generally well written; yet there is no sort of History worse done, they being so full of gross Partiality and Flattery, and often swelled with tri­fling and impertinent things, so that it is no great wonder if this kind of Wri­ting be much decried and neglected.

I had all these Considerations before me when I designed and drew this Work, and therefore will be more guilty if I transgress the Laws of Writing History without Partiality and Passion.

[Page]The late Civil Wars of this Island deserve a good and full History, as much as any Transaction in any part of the World. For it was a strange and un­heard-of thing to see a Prince, whose Title was unquestioned, and who had great Virtues and eminent Piety; and was of the same Religion with His Sub­jects, and had never put any of them unjustly to Death, so oppressed by a preva­lent Faction; and that a Party which was not headed by any new Pretender, nor under the united Authority of any one Person, but on the contrary was divi­ded from the very beginning into two great Factions, should become so successful, as to defeat Him in the Field, take all His Garrisons, imprison His Person, and in end put Him to Death openly, with a Form and shew of His Iustice, many thousands of His lamenting Subjects looking on; and that all this was done near so great and populous a City, which did universally pity His Condi­tion, and abhor the Crime, and yet not so much as one Person made a Tumult to oppose it.

The Rise and Progress of such a War is a thing which every one desires to be particularly informed about: for though many have published Relations of those times on both sides, yet there is scarce any body satisfied either with the Truth of Matters of Fact, or with their way of Writing. But the first beginning and rise of the Civil Wars having been in Scotland, from whence they moved Southwards, there can be no clear Vnderstanding of what followed until these first Disorders be truly stated.

This made me oft wish that some Moderate Pen were employed in giving a just and true Relation of the Reign of the late King. I was my self pretty early ac­quainted with a great deal more of the Truth of these Affairs than is generally known, having had the blessing of my Father's Conversation for many years, who had been a very exact Observer of all that passed. He was also much im­portuned by men of all sides to write the History of those distempered Times, being esteemed a Person of great Moderation and Candour; who, as he had his breeding in the Law, so lived in great Friendship with the most eminent Per­sons of both Perswasions: for before the Troubles began he was accounted a Male-content, but he did afterwards give such signal demonstrations of his Loyalty, that he was put from his Employment, and made to take a voluntary Exile on him, which was granted him as a great Favour by the Covenanters, who generally had much kindness for him, for all his being so contrary to their way. And Warriston, his Brother-in-Law, in whose hands were all the Ori­ginal Papers of the Covenanters side, offered them to him for his Assistance, if he would undertake it; but he was over-grown with Age and Infirmities, and so could not set about so difficult a Work. But I received from him such Infor­mations, as made me look on most of the Writers of those Times with Indigna­tion, who were either utterly ignorant, or so basely partial, that Matters of Fact are falsly represented, and the whole Counsels and Secret Contrivances either quite passed over, or so palliated that there is very little truth in the Relations they have made.

And particularly, I wondred to find James Duke of Hamilton represent­ed to the World, with such foul and base Characters, as if he had been a Monster both for Ingratitude and Treachery, though he had laid down his Life for the King, and involved his Estate in vast Debts for His Service. It seemed to me the greatest Injustice in the World, that one who served his Prince and his Country so long, and so faithfully, and sealed all with his Blood, should not only be deprived of the Honour due to his Memory, but that a company of ignorant and impudent Slanderers should do what they could to at­taint [Page] his Blood and Family, by the black Imputations they have cast on him, and that this should pass current without any Vindication.

This made me resolve, if ever I could meet with such Instructions as might direct me well to write an account of the late Troubles, and in particular to give a true and clear Relation of that Duke's Concerns, to set about it. I knew well the Temper of those who were most severe in their Censures on him, to be a violent and hot-headed sort of People, who were for nothing but Fire and Sword, and yet knew not how to do much more than to drink and swag­ger; and therefore, as I was naturally inclined to disregard their Blusterings, so I was apt to think his Counsels must have been moderate for tempering the eagerness of other mens Passions, which did enrage them so much against him; so that they having dispersed many false Stories of him, these were easily re­ceived by our Scribling Historians, and have been made use of to poyson the Truth of the History.

It is such a natural and constant effect of Passion to carry men to Extreams, that it is no wonder if those who had more temper and fore-sight, and studied to heal the Breaches, and followed more moderate Counsels, were hated on both sides; for in all times the Moderate Party is the weakest, and has most obloquie cast on it from all hands.

I also thought that I could not do a greater Service to my Country, than to enquire into the whole Course of the late Civil Wars. And I knew there were none so eminently Employed as the two Dukes of Hamilton, the one having been the Kings High-Commissioner in the beginning of them, and the other the Secretary of State in the sequel of them: therefore it was certain, that if their Papers had not been destroyed in the common fate of Scotland, I could not find a clearer thread to direct me than from them.

I shall not deny that I had many pre-engagements on me to have a high va­lue of that Family, both from the Great Worth of those who now represent it, and from the Vnblemished Fidelity their Ancestours have always payed the Crown, and their constant Affection to their Country; so that since the first Greatness of it in King James the third his days, who gave his Sister in Mar­riage to the Lord Hamilton, they were never in any Rebellion against their King, nor did they ever abuse their Prince's Favour to be a Grievance to their Country.

And though they stood next the Crown for fifty years together, from the year 1543, that King James the fifth died, till the year 1593 that Prince Henry was born, during all which time there was none but Queen Mary and King James of the Royal Blood: yet all that while their Deportment shewed, that they had no other design but to serve those Princes with all possible Fidelity and Zeal. And though Scotland was then much distracted with Intestine Broyls and Disorders, yet they never set themselves at the head of any Faction, nor departed from the Interests of the Crown.

When King James the fifth died, he left his only Daughter Queen Mary but a few days old, and the Government of Scotland fell by Right to the Earl of Arran, being her nearest Kinsman; and if such an Ambition, as the Enemies of that Family have pretended was hereditary to it, had been lodg­ed in him, he would never have let such an Opportunity of raising himself slip out of his hands. But he was a Person of great Iustice and Candour, and set nothing before his eyes but the Publick Good: so that Archbishop Spotswood tells of him in his History, that in his Court there was nothing seen that the severest eye could censure or reprove. In the Publick Government [Page] such a Moderation was kept, as no man was heard to complain: the Governour was reverently obeyed, and held in as great respect as any King's of preceding Times. It is true, he was of too easie a nature, and his base Brother, who was afterwards Archbishop of St. Andrews, had great power over him, which did much prejudice his Reputation.

In the disposing of the Queen in Marriage, he had much to have said for himself, if he had married Her to his own Son, who was but a few years old­er than the Queen: but he shewed, he designed Her Greatness more than his own, and perhaps more than the true Interest of his Country, for I am far from thinking that he carried himself wisely in that, when he consented to send Her to the Dolphin of France, afterwards Francis the second: in ac­knowledgment of which, he was made Duke of Castle-herald (or as it is pro­nounced by the French, Chastle-herault) by the French King.

After the Death of Francis the second, when Queen Mary returned into Scotland, the Duke of Castle-herald had again great advantages, if any such desire of Power had governed him: for the Reformation had then pre­vailed in Scotland, and he and all his Family, except his youngest Son, Lord Claud (from whom descended the Earls of Abercorn) were Protestants; so that to have put himself at the head of that, was the likeliest way to have ad­vanced his own Designs: but it appeared that he and his Sons embraced the Religion, not for Faction but out of Conscience, for he continued true and faithful to the Queen to the last; of which She was so sensible, that (beside many Publick Testimonies of Her confidence in them, such as the naming the Duke of Castle-herald her Adopted Father, and calling him still by that Name, and the referring Her whole Concerns, when She was a Prisoner in England, to his Care) when that severe and unparalelled sentence of Death was to be executed on Her, She took a Ring off Her finger, and gave it to one of Her Servants, and ordered him to carry it to Her Cousin, Lord John Hamilton, who then represented his Father that was dead, (his elder Brother being sick of a Frenzy) and tell him, that that was all She then had to wit­ness her great sense of his and his Families constant Fidelity to Her, and of their suffering for Her Interests; and desired that it might be still kept in the Family, as a lasting Evidence of Her kindness to it, which is preserved to this day.

Nor was t [...]eir Duty to the Crown at that time easie or cheap to them, for the contrary Faction designed to root them out of Scotland; and therefore in one of their Mock-Parliaments their Blood was attainted, and their Estates and Honours were afterwards given to other Persons, and they were forced to seek shelter in England and France, till King James came to Govern by his own Couns [...]ls; & then being also pressed to it by the Intercession of Queen Elizabeth, He restored them to their Honours and Estates, and created Lord John Hamil­ton Marquis of Hamilton, who was Grand-Father to t [...]e two Dukes, whose MEMOIRES I now publish. King James did also treat him with the same respect that the Queen, his Mother, had done the Duke of Castle-herald, and called him always Father; and wrote to him often with the greatest Freedom and Familiarity that was possible: and when that King went to Denmark to bring home His Queen, He named him Lord Lieutenant of the South of Scotland, and left for him a Letter (yet extant) full of great Esteem and Kindness, to which He added this Postscript with his own Hand.

MY LORD, if my constant Trust had not been in you of your great Love towards me, I had not thus employed you upon such an occa­sion; therefore I assure my self you will not frustrate my Expectation.

[Page]He also called him to Christen one of his Children, and continued to the last to put great Confidence in him. That Lord did indeed deserve to be so used by him, for as he had with an invincible Patience and Loyalty submitted to the hard Vsage [...]e met with during that King's Childhood, and for some years after; so he made no Stirs nor Disturbance, but that little that was at Sterlin, An. 1585. so that when he was admitted to the King's presence, the King said to him, ‘My Lord, I did never see you before, and must confess, that of all this Company you have been most wronged; you were a faithful Servant to the Queen my Mother in my Minority, and w [...]en I understood not, as I do, the estate of things, hardly used.’ And though he was frequent­ly invited by the Violent Church-party to head them in their Mutinous Courses, yet he would never engage in it. And when that old Lord was dying, as he was giving his Blessing to his Son, and reckoning up the most signal Favours of God to him, he named three more particularly. ‘The first was, That du­ring all his Troubles, and notwithstanding the great Offers were made him in France by the House of Guise, if he would change his Religion; yet God had never left him to do so base a thing, though he lost his Interest in that Court by refusing it. The other was, that he had never oppressed any of his Vas­sals and Tenants. And the third was, that he had never entertained one thought contrary to the Duty he owed the Crown, and that no hard Vsage [...]e met with had ever prevailed on him to any such Design, and therefore char­ged his Son on his Blessing to continue in the same Courses.’

All this I thought needful to be said for the Honour of that Family, be­cause Buchanan studied with much Art and Industry to cast an eternal Dis­grace upon it. For as he from being a great Flatterer of Mary Queen of Scotland (which may be seen in his Dedication of his Incomparable Para­phrase of the Psalmes to Her) became Her mortal Enemy, and partly by Lies, partly by his cruel aggravating of some unjustifiable things, has written the History of Her Reign with so much Malice, that his Work stands condemned as a base Libel, by an Act of Parliament in Scotland: so being provoked by an Injury which a Servant of the Duke of Castle-herald's youngest Son did him, of which he thought he got not sufficient Reparation, and carrying a spite to them because they adhered to the Queen's Interests, he wrote of that Fa­mily with the most impudent and virulent Malice that was possible. And his admirable stile of Latine, in which he is inferiour to none that wrote since the days of Augustus, has made all Forreigners take their Informations wholly from him; and the Collectors of the General History of that Age, do for the most part draw all the Account they give of Scotish Affairs out of him; by which that Family hath suffered much in the opinions of Forreign Nations: so dangerous it is to provoke one that has much Malice, and can write [...] Histo­ry so, that it shall take with the World.

But that Writer contradicts himself so often in what he says of that Fa­mily, that small regard is to be had to it. And Lesly Bishop of Ross, Privy-Counsellour to Mary Queen of Scotland, who wrote the History of that time, and bore no great good will to the Duke of Castle-herald and his Chil­dren, for being such Promoters of the Reformation, speaks always of them with a great deal of Honour and Iustice.

For the Father of those Dukes, he was, as Archbishop Spotswood truly calls him, a Nobleman of rare gifts, and fitted for the greatest Affairs, and was most Vniversally beloved by all his Countrymen: he was a very Graceful and Gallant Person, and of a most agreeable Conversation, and [...]ery obliging, and so did recommend himself to all sorts of Persons. King [Page] James finding him excellently qualified, broug [...]t him to Court, where he made a great Figure the rest of his Life.

All these things concurred to make me very desirous to see whether the late Dukes had continued in those steps their Progenitors went in, or had departed from them; therefore I told the Duke and Dutchess of Hamilton that now are, that if I might have the favour and trust of perusing such Papers as remained in their hands, I should do my endeavours to make the best use of them I could, upon which they were pleased to send them all to me. The Collection was great, and in as great disorder; yet by a little care I brought them into some Order, and found I had very authentical and full Materials for a greater Work than I had at first designed: but having read many scandalous Pam­phlets, that had charged these Dukes in divers particulars with an equal de­gree of Injustice and Malice, I found it necessary to enquire, as far as their Papers could carry me, into the Truth of these Reports, which forced me to be more particular than had been otherwise needful. And yet I hope the Reader shall have no great cause to complain of my tediousness, but that he shall find an Entertainment through the whole Work that shall not be un­pleasant to him.

I have opened the Intrigues and Counsels of those Times as clearly as I could. This, some that perused the Work have censured much, as a dis­closing the Secrets of Government; and because in some places errours of Government are neither concealed nor pallia [...]ed, some advised me to pass these over, and not insist on them: but with this I could-by no means comply, for I know no good that History does the World so much as the making Posterity the wiser, both by shewing the Faults of Ministers that raised the Discontents, and the Follies and Madness of those who put all in confusion to get Grievan­ces redressed. For the Iealousies that were conceived, either from the ill opinion of Ministers, or the consciousness of their own Guilt, made the Fomenters of those Troubles think, that neither Concessions nor Pardons were a sufficient Secu­rity, but that assoon as the Country and Government was settled, what they had done would be remembred and punished, and did drive the Faction much further than it seems they intended at first.

All this I wrote with the more Assurance, after I had presumed to tell His Majesty, that since I was writing of the late Times, I sound it necessary to set down some Errours, that were committed even by some of the Ministers of the King, his Blessed Father, and I could give no true account of matters if these were not likewise related: upon which His Majesty most graciously told me, That such things were unavoidable in a History; and therefore He allowed me to tell the Truth freely.

Vp [...] so gracious a Permission, I was the more emboldened to lay open things clearly, and to trace the Troubles of Scotland to their first Beginnings. It is true, there were some things that had much influence on Peoples Minds, of which I have given no Account, having found no Papers in this Collection to direct me in them: and these were the whole Progress of the Design for th [...] Resumption of the Tithes into the Crown, and the restoring them to the Church, with all the steps that were made in it; which was so nice a point, and had so much of the subtilties of Law in it, that I did not think fit to meddle with it, especially it not lying before me in these Papers, nor having any Relation to the Concerns of these two Brothers. The other was the Pro­ceeding in Parliament Anno 1633, when His late Majesty was Crowned, with the Petition that was afterwards drawn, for which the Lord Balmerino was tried, and found Guilty, and had Sentence of Death passed on him. Then [Page] did the Party begin to be more united, and secret Engagements were given either to rescue him by Force, or to revenge his Death, upon which the Earl of Traquair procured a Pardon for him; but from that time the date of the Confederacy of that Party is to be reckoned, and though it lay quiet for some years, yet it was still fermenting, which made it burst forth upon the Crisis that afterwards appeared. They were also much encouraged to all that followed, by the Informations they had of the Malecontents in England; for a Gentle­man of Quality of the English Nation, who was afterwards a great Parliament-man, went, and lived some time in Scotland before the Troubles broke out, and represented to the men that had then greatest Interest there, that the business of the Ship-mony and the Habeas Corpus, with divers other things, of which there was much noise made afterwards, had so irritated the greatest part of the English Nation, that if they made sure work at home, they needed fear nothing from England. And of this the Duke of Hamilton, who had lived so many years in England, could not be ignorant: for so great a disease in the Body Politick, as a Civil War, does not break out on a sudden, but there go before it many Symptomes, which are well discerned by men of Iudg­ment and Fore-sight; the matter must be brought to the nature of Tinder or Gun-powder, before a Spark can set it on Fire. And it was the Prospect he had of what was like to follow in England if once a War begun, that made him employ all his Endeavours to carry the King to as full Concessions as he could possibly obtain. This, to such as do not reflect on the State of Eng­land at that time, may perhaps appear mean, or Malice may give it a worse Character. But as no sort of provocation will justifie any man, though of the clearest Courage, that will go and fight with a Sword loose in the hilt, but he must be concluded rash and inconsiderate; so the Duke knowing the dis­joynted condition of England, and apprehending that by all appearance the War would be unsuccessful, and that the Demands of the Faction would then grow higher, did as became a Wise and Faithful Minister, in trying all the ways he could think of to settle Matters before there should be any Breach; since the keeping the Kingdom in quiet, though upon terms which had been hard to the King, and derogatory to His Authority, was much to be preferred to a War that was like to prove fatal to the King and Kingdoms.

For all that while the Affection of the English to the Party in Scotland, did discover it self in many high Expressions, which others could not but see, and the King sadly, but too late, felt afterwards; for Princes most common­ly see such things last of all their People, their pretending Flatterers, who are in truth their greatest Enemies, keeping up such Advertisements from them as long as can be, as if one out of fear to awaken his Master, should let him sleep when his House is on fire, till it were scarce possible for him either to quench, or escape the Flames. All these things concurred to set on the hot Zealots, to begin the Troubles that ended so tragically in the Murder of the King, and Slavery of the Nations.

And therefore nothing seems more needful in our present circumstances, than to represent those things truly, That Ministers on the one hand, consider­ing the ill effects that followed on a stretched Prerogative, and the People on the other hand apprehending the dismal consequences of Tumults, Iealousies, and Civil War, there may be such an Vniversal Harmony between the King and his Subjects, as may rejoyce all good men, and disappoint and confound all the Enemies of our Peace and Happiness.

But all those things not being yet so fully clear to me, and not lying in the Papers that were in my hands, I have given no account of them in [Page] this Work, which I confined to the Negotiations of those two Brothers, whose Papers I per [...]sed. Nor have I written any thing of the Affairs of England, further than was necessary by their Relation to, and Intermixture with those of Scotland: and though there are very considerable Papers in that Collecti­on, that were sent to Scotland, both from the Committee of both Kingdoms, and from some Eminent men of both Houses; yet there is not a continued thread in them, and therefore I have published none of them. Nor have I drawn down my Relation farther than Worcester-Fight, where the younger of these Brothers lost his Life: for though I have been much pressed to write a full History of Scotland from K. James his Death, where the most Reve­rend Dr. Spotswood ended his so much, and so justly valued History, and to bring it down to the present Time; yet I will see how the World is satis­fied with what I now publish, before I give my self and others more trouble of this sort.

At first I wrote this Work Historically, and only drew the most materi­al heads and passages out of the Papers that lay before me: but that Noble and Iudicious Gentleman, Sir Robert Murray, to whose Memory I owe the most Grateful Acknowledgments that can be payed by a Person infinitely obli­ged to him, and that did highly value his extraordinary Parts, and rare Vir­tues, gave me such reasons to change the whole Work, and to insert most of the Papers at their full length, that prevailed on me to do it; and when it was written over again, as I now offer it to the World, he was so much pleased with it, that though I know the setting down his words would add a great value to it among all that knew him, yet they are so high in the Commendation of it, that I cannot but conceal them. Some have wondered to find sewer of the Duke's Letters here than of other Persons; but the truth is, these are so full, and so particular, in the Advices and Advertisements he wrote to the King, that it was by no means thought fit to publish too many of them, though the Originals of them are yet extant, being written on the back by the King's hand.

The Vouchers of this whole Work lie at Hamilton, where Curious Persons may both be satisfied about the truth of what is now published, and about many other very important things, from which I drew these MEMOIRES: only in a few particulars, for supplying some defects, I was forced to seek Informations from Persons of great Honour and Worth.

My writing from such Vouchers was the cause, that sometimes the angry Language I found in Letters did slip into my pen. I know there is nothing that does more misbecome an Historian than to mix Passion with the Account he gives; and so I studied to cleanse this Work from it all I could, and read it over once or twice to throw out all those angry words which I had mixed in it carelesly, having among other things Copied them from the Letters that were in my hands. But upon a further Review, I find that some of these Reflecti­ons do still remain, for which I am very sorry; but I can assure the Reader, I had no design to leave needless Imputations on any Persons, for I took great care to write with all possible Respect and Caution, even of those who were the greatest Enemies that both these Dukes had: and those that know the present circumstances of that Family, and of the Writer himself, will find that no Resentments for any hard Vsage they have met with, has biassed him from what becomes an honest Man, and a faithful Historian.

I thought it unworthy of my pains to set down and confute those base and malicious Calumnies, which fill many Books that pass for the Histories of the late Times. The Truth of this Work is a fuller Confutation than any other could [Page] be. These Writings indeed made me examine all the Duke's Papers more carefully, particularly the Copies of their Letters to their nearest and most as­sured Friends, with the Letters they received from them: most of these were written in C [...]pher, and the decyphering of them was no small trouble; yet I resolved to spare no pains that might give me a full satisfaction about their most secret Correspondencies. But after all that search, I was still more and more confirmed of the great Integrity of their Professions, and of their constant Fi­delity to the Crown.

I publish these MEMOIRES with the more confidence, because they having been seen and perused by divers of the most Considerable and most Intelligent Persons of both Kingdoms, either they went very far with their Civility and Complement, or were well satisfied with them.

I shall enlarge this Preface no further, but desire that all the faults in the Style, or way of Writing, may be charged only on my self, and may leave no Imputation on those Worthy Persons whose Actions I relate, nor on those w [...]o now represent them, since they deserved a far better Pen to be employed in wri­ting their History. All that is good in this Work is only from them, and all that is evil in it must fall entirely to my share, and I alone must bear it. They have suffered too much already from the Malice of their Enemies, it will therefore be very unjust to make them suffer more for the Indiscretion or Weak­ness of an ill Writer. I shall not stand longer on laboured and formal Apo­logies, which are more used to shew the Wit of the Writer, in making them gracefully, than from any humble opinion they have of their own Performances who make them. If I have not done this to the best advantage, it is because I could do it no better; for the Importance of these Transactions, the Merit of the Persons, and the great Honour I pay the Family, and the Duke and Dutchess of Hamilton that now are, made me judge it very well worth all the Application and Industry I could bestow upon it.

ERRATA.

THough a great deal of care was used to revise the sheets, yet the following Errata must be corrected: Literal Faults, and some er­rours in the punctation are not marked, which it is supposed the Reader will easily perceive.

P [...]ge 11. Line 30. for Titles, read Tithes. p. 11. l. 44. for Cleazar, r. Eleazar. p. 13. l. 1. for seeming, r. seemed. p. 40. l. 28. for at, r. as. p. 55. l. 16. after This add I. p. 120. l. 7. after all r. he. p. 130. l. 37. require, r. required. p. 145. l. 7. dele will after it, and r. will after Assembly. p. 161. l. 18. for Mirtland, r. Maitland. p. 178. l. ult. for Cumbermwald r. Cumbernald. p. 219. l. 22. after Ha­milton r. William Earl of Morton. p. 225. l. 11. refore r. therefore. p. 240. l. 6. after by for that r. these. p. 242. l. 22. after at r. that. p. 279. l. 2. emitted r. remitted. p. 283. l. 26. berid r. be rid. p. 284. l. 23. for stop r. step. p. 334. l. 9. met r. meet. p. 342. l. 17. did we r. we did. p. 368. l. 5. which upon r. upon which. p. 384. l. 23. after guards r. that. p. 387. l. 51. apart r. a part. p. 388. l. 12. after were r. clear. p. 408. l. 30. after despise dele at. p. 423. l. 2. after though r. the. ibid. l. 4. after vertue r. he. p. 427. l. 8. for greater r. re­grate. p. 428. l. 26. wrack r. rack. ibid. l. 50. after heavy r. on. p. 429. l. 44. Death r. die. p. 431. l. 26. after about for him r. himself.

The Contents of the Seven Books.

Lib. I.

Of what happened from his Father's Death, till the Year 1638.

Lib. II.

Of what passed when he was the King's Commissioner in Scotland, in the Years 1638, and 1639.

Lib. III.

Of what passed after he laid down his Commission, till Ju­ly 1642.

Lib. IV.

Of the Duke's, and his Brother, the Earl of Lanerick's Negotiation in Scotland, till their Imprisonment.

Lib. V.

Of the Duke's and his Brother's Imployments after his Enlargement till the Year 1648.

Lib. VI.

Of the Duke's Engagement for the King's Preservati­on, and what followed till his Death.

Lib. VII.

A Continuation of Affairs till Worcester-Fight.

MEMOIRES OF THE LIFE and ACTIONS OF James Duke of Hamilton, &c.
LIB. I. Of what happened from his Fathers Death till the Year 1638.

JAMES Marquis of Hamilton died at London in March, 1625. An. 1625. and was succeeded in his Ho­nour and Fortune by his Eldest Son and Heir Iames, afterwards created Duke of Hamilton, The Marquis succeeded his Father. whom his Father had brought with him to England some years before, and was then in the Eighteenth year of his Age, and sent to prosecute his Studies at Oxford; from whence he was cal­led to see his Father die, and came in time to receive his last advices and blessings. Thus died that Great and Il­lustrious Person in the flower and vigour of his Age, being then but 36 years old.

He was in great Esteem in both Kingdomes, His Fathers Character▪ equally dear to the Soveraign and the Subjects; and it was certain no person could have disputed with him the Kings Affection and Confidence, the Duke of Buckingham onely excepted. His serving as Commissioner for the King in the Parliament 1621. had much lessened his Interest in Scotland; for these five Articles of Perth, (where the Assembly of the Church that set­tled them was held) commonly called the Five Articles, were general­ly so odious, that his carrying the Settlement of these in Parliament drew much dislike from all that Party, which was then called Puritan: but his carriage in that Parliament, gained him as much trust and fa­vour with the King as ever man had. The King created him Earl of Cambridge, a Title that was never conferred on any, but such as [Page 2] were of the Royal Blood; he made him also Knight of the Garter, and Lord-Steward of the Houshold. King Iames was likewise glad to see his Friendship for my Lord Marquis and his Family like to prove Hereditary, by the kindness he saw growing up with the Prince for his Son; in whose youth there was an agreeable Sweetness, which gained an early room in the Princes Affections, and took so deep rooting there, that nothing was ever able to deface it: and as he had the Honour to be the Princes nearest Kinsman by the Royal Blood of Scotland, so he spent several of his younger and more innocent years in his company; and when the Prince was in Spain, he made one of that honourable Train that went to wait on his Highness.

But since the following Narration is to be filled with great and con­siderable Transactions, wherein this Marquis was so eminently engaged, I shall dismiss such Particulars as were of less concernment, and there­fore at one step shall leap over the whole tract of his Youth; neither shall I interrupt my Narration of Publick Matters with Accounts of his Personal and Domestick Affairs, which shall be referred to one place, in which, as I give his Character, such of those as are fit to be made publick shall be mentioned: neither will I here offer any further Account of his Father, but what shall be the matter of the whole fol­lowing History, which is, that he was the Father of two such ex­cellent Sons.

King Iames as he received the tidings of his Death with much grief, King Iames his Death. so he Prophetically apprehended, that as the Branches were now cut down the Root would quickly follow; for the Duke of Richmond died about the same time likewise. This Marquis his Death was follow­ed with an universal regrate, and I sind divers of the English Nobi­lity, in their Letters to his Son, expressing their Affection and Esteem for the Father, in terms beyond the cajolery of Civility or Comple­ment. The loss of so great and such a tenderly affectionate Father, meet­ing the sweet Disposition and dutiful Love of the Son, could not but prove very afflicting to him: but this private Grief was followed by a publick Calamity, brought upon these Kingdoms by the Death of King Iames, on whose Character I shall not adventure, since it is without the lines of my Work.

The Marquis sent down his Fathers Corps to Scotland, The Marquis leaves the Court. where it was nobly interred in the Burial-Place of that Family; but could not fol­low it himself, being obliged to wait and assist at the Coronation of King Charles the first, which shortly followed, where he carried the Sword of State before the King; and he found the Crown had rather heightned than lessened the new Kings Affection for him. But with­in a little he resolved to return to Scotland, to look to his own Affairs, which were in great disorder by his Fathers magnificent Nobleness, who notwithstanding his being Lord Steward, and the benefit of other Places he enjoyed, had far outrun himself at Court. But indeed his Son had too much of his own Temper, and was too Generous to be ve­ry Frugal. During his absence from Court, his Majesties Affection for him appeared not only in his ready granting of every thing was moved for his advantage, but in the kind Letters which upon different occasions he wrote to him with his own Hand, (not to mention the many publick ones he got upon all occasions.) In one of them the King writes:

James,
An. 1627.

THE reason why your Business is not yet settled, is, The King writes to him▪ that this long time I have attended the coming of him, your self thought fittest to be trusted in it, he is now on the way; and shall no soo­ner be arrived but the direction shall be given, as I have already promised you. I doubt not but your want forced you to leave me, but mine shall not hinder me to help yours; and I am sure likewise, that as you see I do not forget your Turns, you will at this occasion of the late Commission I have sent down, shew your self forward in mine. So farewel.

Your constant loving Friend, CHARLES R.
New-Market, 4. March▪ 1627▪

In another he writes:

James,

HAving (as I hope) dispatched your Business, and invites him to Court▪ I must tell you, it was ill luck and not ill will that made it so long a­doing, and likewise of the importunity of a House of Women for calling you hither: but it may be the company of some where you are, will make you give a negligent Ear to those that are here; yet I doubt not but when you know (as these lines do assure you) that you cannot come before you shall be welcome to your best Friends here, that your stay will not be long where you are. So referring you for other business to the Bearer your man, I rest,

Your loving constant Friend, CHARLES R.
The first day of the Year, 1628.

But the Marquis excused himself upon the great Encumbrances were on his fortune, But he prefers a Country re­tir'd life to the Court. which made it impossible for him to live at Court in the rank that became his quality; he seemed also at that time to be in love with a retired life, and spent much of his time in the Isle of Ar­ran. It cannot be denied to be without example, to see a King entrea­ting his Subject to accept of the Favours and Honours he designed for him, when he was with much humble modesty declining these Royal Offers. But as the King pressed his return to Court very earnestly, he was likewise solicited to it by a great many of chief rank there, and by none more warmly than by the Duke of Buckingham, with the greatest and heartiest offers of all the friendship and service he could do him: yet he continued in Scotland till the end of the year 1628. and all the while kept himself at a distance from publick Affairs, not [Page 4] medling in any thing beyond his private concernment; An. 1628. but his sweet and obliging temper took exceedingly with all people.

In the end of the year 1628. his Father-in-law Earl Denbigh came down to press his return to Court, Earl Denbigh comes for him: with a new and kind invitation from the King, expressed in the following Letter.

Hamilton,

I Have taken this occasion by Denbigh's going to affirm to you, under my own hand, the Message Traquair brought to you from me. I need say little more at this time, because according to your Letter I look that you should be quickly here, which again I as­sure you will be well done. So referring you to your Father Denbigh, I rest,

Your assured constant Friend, CHARLES R.
Hampton-Court 25 Sept. 1628.

The Earl of Denbigh brought also with him from his Majesty the offer of the Master of the Horse his place, He goes to Court, and is made Master of the Horse. which was fallen by the murther of the Duke of Buckingham. This earnest and noble Message, brought and enforced by such a Bearer, could be no longer refused; therefore in the end of the year he went to Court, where he was presently made Master of the Horse, and Gentleman of the Kings Bed-chamber, and Privy Counsellour in both Kingdomes: and the King used him with so much tender kindness, that his carriage to him spoke more of the affection of a Friend than of the power of a Master; he called him always Iames, both when he spoke to him and of him, His usage at Court, as an expression of his familiarity with him; and it was presently observed by all, that none had more of the Kings heart than he pos [...]essed. But as high favour with a Prince is ever attended with envy and jealousie; and behaviour there. so he missed not his share of it, from those who were looking on him as the rising Favourite; though as he bore that Character worthily, he managed it prudently, for he neither studi­ed to engross things to himself nor his kindred: he grew not inso­lent upon favour, nor impatient of Competitours; neither did he obtrude himself upon the management of particular Affairs, but did rest satisfied with the Royal marks of his Masters favour, which upon all occasions were poured on him liberally.

The great Design which at this time possest the King wholly, was about the affairs of Germany, The Affairs of Germany. and the recovery of the Palatinat, with the rescue of his Sister and her Posterity, from the ruine which was not only hanging over them, but had already overwhelmed them.

I need not here resume the too-well-known occasions of these Troubles, nor tell how the Wars of Boheme first began, nor how the Prince Elector Palatine being chosen their King, did by accepting that Crown involve himself and all Germany in a tract of the most lasting and bloody Wars that have been heard of. The new-elect­ed King was scarce well-settled on his Throne, when it was not only [Page 5] shaken but overturned; and the Emperour, An. 1629. with the assistance of Spain and the Duke of Bavaria, who was thirsting after his Cousins Dignities and Dominions, was not content with the recovery of his own Dominions, but carried his conquering Eagles into the Palati­nat; which not being able to resist so powerful an Invasion, was for­ced under his obedience, and the Electoral Dignity was by the Em­perour afterwards translated to the Duke of Bavaria. King Iames was very much displeased with his Son-in-law for engaging in the affair of Boheme, but could not be unconcerned when he saw the ruine of his Family following upon it; yet his inclinations to Peace overruled his other resentments, and his hopes to prevail by Treaties made him still delay entring into Action; for at that time the Treaty of the match with Spain was on foot, and the King was abused by the Spaniards, and made believe the Palatinat should be again restored: but his slowness in that missed not the severe censures of all Europe.

King Iames left his Crowns and Designs to his Son, who judged himself bound by all Ties divine and humane, to see to the recovery of the Palatinat, and the stopping of the Imperial success, which by a great Torrent of victories was become formidable, and burthensome to all the Princes of Germany; yet the opposition the King met in some Parliaments, which were dissolved soon after their meeting made his Designs go on slowly. But to ravel no further into matters without the lines of this Narration,

The Marquis was no sooner at Court, but the Queen of Bohemia recommended the care of her Affairs to him, The Queen of Bohemia re­commends the care of her Af­fairs to the Marquis. as the person (being her nearest kinsman and best known to her) in whom of all that were about her Brother she confided most; and as during the King her Fathers life she had employed none so much as his Father, so she did entail that trust upon the Son: and indeed in all her Let­ters to him (hundreds of which remain) she continued such expre­ssions of genuine and [...]rank kindness, as shew, she never thought she had misplaced her trust.

At this time the King of Sweden being provoked with a desire of glory, The King of Sweden invites the King to his assistance. and led on by the aspirings of a great and generous mind, resolved to adventure on that which had been fatal to all who had attempted it, and to oppose the Emperours designs, declaring, his re­solutions were to deliver Germany from the yoke of Tyranny, which was beginning to be twisted about their Necks; but fearing his own strength was not able to compass so great a design, much of his confidence was grounded on the assistance he expected from the King. Therefore as by his own Ambassadour the Lord Spence he solicited his aid, so he employed the King of Bohemia to interpose with his Majesty for his assistance in the prosecution of that great Affair; who pressed it with much earnestness by his Agent Curtius, representing, that now or never was the time that it should appear to the World, what effects he might look for from his Alliance: and the King was resolved in good earnest to advance that design, but judged it not fit for himself to own it in his own name at first, for some reasons of State; a chief one being, that his Ambassadour in Germany, Sir Robert Anstrother, was entertained at that time with some hopes of the re­stauration of the Palatinat, though that was judged to be without any other intentions but to cajole the King, and so keep him from con­curring [Page 6] in the Swedish designs. His Majesty finding it not convenient to appear in it himself, resolved it should pass for the voluntary assi­stance of his Subjects, to which he should only give way, and made choice of the Marquis for the person in whom he had the greatest confidence of his zealous pursuing his designs upon the Palatinat. who appoints the Marquis to enter in Treaty with that King. Whether this motion came originally from the King or not, I do not see, or if it was the desire of the King or Queen of Bohemia, which seems more probable; for the Swedish Ambassadour did first move it, and pressed it with much earnestness: others suggest that it came from some of the Marquis his enemies, who envying and su­specting his rising greatness, and seeing no possibility of lessening his interest in the Kings affection that was daily growing, judged this honourable Proposition would once set him a good way from the Court. There was too much of honour in this Proposition to be re­jected by the Marquis, and his age being at that time pronest to a thirst of glory, he could not but be hearty in the undertaking, though the ruine of all, who had hitherto imbarked in that Design, gave but small encouragement to any who should engage in it; yet the great renown of the Swedish King, together with the fears into which all the Princes of Germany were now driven, which rendred them almost desperate, made the Attempt look more promising than formerly: but the Marquis his duty to his Master, and his affection to all his interests, chiefly those of his only Sister, made him with alacrity accept that Employment. One thing was certain, that which way soever the first Proposition of this was made, it came not from himself; for if the King had known or suspected it to have flow'd from him, it would have appeared afterwards when the Calum­nies to be related were under examination, or when the Marquis was a prisoner: but no such thing ever dropt from his Majesty.

In the end of the year 1629. the Marquis according to the Kings Orders sent Colonel Hamilton, The Marquis sends Col. Ha­milton to treat, brother to the Earl of Hadington, to the King of Sweden with a general offer of his service, and his resolution to come in person with a considerable force, to joyn with him in his noble enterprize for the Liberty of Germany. This had a very kind recepti­on from the King of Sweden, for at that time the valour of the Scots was so great, and that Kings value of them so high, that he welcom­ed the Proposition with a sincere heartiness; and as he wrote a very kind Answer to the Marquis, (which with many others of his Letters is yet preserved;) so he sent him a Commission to be General of what Army he should raise for his assistance.

Upon this the Marquis sent one David Ramsay a Gentleman of the Privy Chamber, and after him David Ramsay. to agree the Conditions upon which he should em­bark in the Swedish design. This Ramsay was one in whom he had no interest at all, neither can any account be given what he was, save that there is a Letter from the King of Bohemia in my hands, wherein he recommends him to the King as one who had served him faithfully in Germany; he therefore as being acquainted with the German language and affairs, and zealous for the King of Bohemia's service, was made choice of for this Negotiation: but for the Mar­quis to have made this man, who could be no longer known to him than since he came last to Court, a Confident in so great and des­perate a resolution, as was afterwards fastned on this Employment, it [Page 7] had the same likelyhood which was in the rest of the Calumnies where­with his Innocency was attacqued. An. 1627.

Colonel Hamilton, The Articles of the Treaty yet extant in Latine. who had stayed with the King of Sweden and Mr. Ramsay, agreed with that King on the following Conditions, which I set down, faithfully translated from the Original which is in Latine.

WE Gustavus Adolphus, by the Grace of God King of the Swedes, Articles signed by the King of Sweden. Goths, and Vandals, Great Prince of Finland, Duke of Esthone and Carel, and Lord of Ingria, &c. To all and sundry whom it concerns, make it known and certain, That whereas the Illustrious and Our sincerely beloved Lord James Marquis of Hamilton, Master of the Horse to the most Serene King of Great Britain, out of his zeal for the publick good; and for acquiring eternal fame, hath resolved to dedicate himself and the fortunes and forces of all he is concerned in, for restoring Our oppressed Friends in Germany, and for that end hath offered to Vs by the Illustrious and Our sincerely faithful Colonel, Alexander Hamilton, his fidelity and service, and that he will on his own expence gather a strength of six thousand men, and bring them over, as soon as may be, to any place We shall appoint, either against the Imperialists, or any other of Our Enemies, and maintain them on his own charge, and do Vs all faithful and vigorous service with them, till this great Affair be brought to a good issue, provided We shall authorize this his design with Our protection, and give him the underwritten Assistance; Therefore, there being nothing dearer to Vs, than to make all vigorous resistance to the common enemies of Liberty, and having in high estimation the brave under­takings of generous men, We not onely would not reject, but have heartily em­braced the nobleness of so good Resolutions: We have therefore admitted, like-as by the vigour of these presents We admit, the said Lord Marquis into Our service, Armies and Military Counsels, on the following Conditions.

First, when ever [...]e shall signifie to Vs, that he is ready to bring over his Forces, We shall assign him a place for his landing, either to come and joyn with Our Armies, or to make an impression elsewhere, as We shall think fit.

Next, if We appoint him to land in any place from whence he shall not come streight to Vs, We shall for strengthening his Forces, send to the place We shall assign for his landing four thousand Foot out of Our Armies, whom We shall furnish with all necessaries, and maintain on Our charges a whole year.

Thirdly, because the said Marquis thinks two thousand Horse are necessary for his Foot, for whose levy and pay he promises all assistance; We shall there­fore think of all ways and means for raising and maintaining these.

Fourthly, We not onely give the said Illustrious Marquis the absolute Com­mand of this Army in our absence, but shall also joyn to him a Counsellour with whom he may consult in all things, that so his Deliberations be more expedite and clear.

Fifthly, wha [...]ever the Illustrious Lord Marquis shall take from the Enemy, the Lands and Territories shall belong to Vs, but the Revenues and all the Emo­luments shall go to him, and to the relief of his Army: yet so as these Revenues [...] be gathered decently and in order, without Depredations or Plunderings; since Our design is not to oppress those who have been already enough pressed, but rather to deliver them from the oppressions of others, as much as by the Divine assistance We can.

Sixthly, that the Marquis may more effectually perform what he hath brave­ly resolved, and may sooner make those warlike Instruments of his own inventi­on, [Page 8] on which he relies much in his Expedition, An. 1630. We shall not onely with the first oc­casion furnish him with a hundred Ship-pounds of crude Iron, but shall also as­sign Hammers for working it according to his design; of which Instruments he hath promised to leave a Model with Vs, and We shall be careful that none of Our Servants shall make use of them before he hath first made trial of them himself.

Seventhly, W [...] shall also furnish him with three hundred and seventy Ship-pounds of Iron-ball for his Guns, and two thousand and five hundred Pikes, and as many Musquets.

Eighthly, when-ever the Marquis shall advertise Vs of his needing Gunpow­der, We shall assign him Bills of Exchange in Holland for buying seventy two Ship-pounds of Gunpowder.

Ninthly, if any other Kings or States shall concur with Vs, all they contri­bute shall be at Our disposal; but if the Marquis his necessities require further assistance, We shall not abandon him, but faithfully assist him, as much as Our Affairs shall permit.

Tenthly, for all which the said Illustrious Lord Marquis with all his For­ces hath promised Fidelity to Vs, and shall be bound to it as well as Our men, and these who receive Our Pay, are, for which both he and all his Captains shall be particularly engaged.

But because there is to be a Treaty betwixt Our Commissioners and the Im­perialists at Dantzick, therefore if a Peace shall be there concluded, so that We shall not need the Service of the Marquis and his Army, he hath obliged himself to pay for the foresaid Materials at their entire value.

All which things being thus concluded, and to be firmly observed by Vs, We have subscribed these Articles with Our Hand, and commanded Our Royal Seal to be put to them.

At our Castle in Stockholm the last of May, Anno Dom. 1630.
Signed, Gustavus Adolphus.

Locus Sigilli.

These were signed by the King of Sweden at Stockholm the thirtieth of May, 1630. which was the day after the Prince of Wales his birth, (His Majesty who now reigns, whom God long preserve) at whose Christening the Marquis had the honour to represent the King of Bohe­mia, who was one of his Godfathers, K. Charles 2d. is born, and baptized, the Marquis re­presenting the King of Bohe­mia, who was Godfather. the King of France being the other, who was also represented by the Duke of Lenox; and at this time a Stall of the Order becoming vacant, His Majesty conferred on the Mar­quis the most noble Order of the Garter, The Marquis is Knight of the Garter. that he might go in this Expe­dition with the more lustre.

But to these Articles I shall adde the return was sent by the Marquis, which though not done till the next year, yet is most properly inserted here, because of the relation it hath to the foregoing Paper. What fol­lows is a Translation taken from an Authentical Sealed Duplicate of the Original in Latine.

[Page 9]

WHereas there is a mutual Compact agreed betwixt the most Serene and Mighty King of Sweden and me, for joyning of our Forces; Articles sign­ed by the Marquis. that the Articles be fully ratified, and lest any thing afterwards fall in which may put a stop in our Counsels, or give matter for sinistrous Glosses, I therefore subscribe for my part all the Articles, adding onely the following Explication to some of them.

To the first, if the most Serene King assign me a place for landing, I vow and promise by the grace of God to doe it, betwixt and the day of the next June.

To the second, if the most Serene King of Sweden send me the agreed num­ber of Souldiers out of his Own Forces, at the place and time appointed, I un­derstand that by furnishing them with all necessaries, a full and entire Pay without any deductions be laid down for a whole year, according to the esta­blishment of His Majesty with his Own Officers.

Besides, if the most Serene King cannot allow of so great a diminution of His Forces, it will be necessary that He not only settle a Fond, for such a summe as may levy, arm, and pay▪ as many Souldiers, but there will be need of some more; for the odds will be vastly great betwixt His Majesty's trained Souldi­ers, and a sudden Levy of raw Novices.

To the third, since the Article of the Horse is conceived in general terms, on both sides, nothing being certainly fixed on either, it will be expedient that Your Sacred Majesty declare Your mind in it plainly, how far You oblige Your self: and what shall be agreed for me, betwixt Your Majesty and these to whom this Affair is trusted by me, I bind my self to ratifie.

To the fifth, since the reasons of my Expedition to Germany are the same with Your Majesties, I have firmly resolved to help and relieve the oppressed Princes and States of Germany, with the ease of all these burdens with which they are now pressed, and therefore shall do every thing in order, and decently, as becomes most friendly Auxiliaries; and if any thing be taken by me from the common Enemy, I shall desire nothing more than that the right of it be en­tirely and inviolably Your Majesties.

To the ninth, since I have devoted my whole fortune with all my interests for promoting this our Design, I promise that whatever any shall contribute for it, shall all be laid out for this War, which I shall with my whole Forces manage and carry on, till either it please God that You obtain a desired Peace, or that the Liberty of Germany, which is now oppressed, be restored.

To the tenth, since by this Article Your Majesty requires and expects Fide­lity from me and my Army, I James Marquis of Hamilton, by these presents give my Faith for my self and them, and bind both my self and them; and for the Confirmation of this I do subscribe this Article with all the preceding, and put my Seal to it,

at London the first of March, Anno Dom. 1631.
Signed, Hamilton

Locus Sigilli.

[Page 10] Ramsay had in Commission to deal with any Scotish or English Officers who served beyond Sea, to come and serve under the Marquis; and finding Mackay the Lord Reay in good reputation, Ramsay treats with the Lord Reay. he dealt with him to engage in his Service, who cordially undertook it, and some moneths after that wrote to the Marquis, (which Letter is preserved:) That though the King of Sweden had given him the Command of three Regi­ments, and made him Captain of his Guards; yet he was so desirous to put life in his noble designs, that he would serve him, were it but to car­ry a Pike in his Army: and thus Ramsay returned, and Colonel Hamil­ton with him. Whereupon the Marquis went about the executing of his designs, and the levying of his men, but all was according to the Kings Orders and Instructions; yet His Majesty seemed onely a consent­er to it. The Levies went on all this Winter, in which many were backward, because the King owned them so little. As for Money, the King advanced a good summe, though far short of what was necessary: but he gave the Marquis a Lease of the Customs of the Wines in Scot­land for 16 years, upon which Security he and all his friends raised as much Money as the design required. Many of the Marquis his friends did in the beginning dissuade him from the undertaking, apprehending the hazards both of his person and fortune, which were visible from an attempt that was full of dubious success; but when they saw him en­gaged in it, they did all very frankly concur, mortgaging their For­tunes for raising such summes of Money as were necessary for the Expe­dition.

Next Spring the Marquis sent Ramsay to Holland, to see what assist­ance he might expect from the States, An. 1631. and in particular to deal with some British Officers who were then in their Service, to come and take employment in his Army. He likewise sent one Elphinston to the King of Sweden, Ramsay is sent over to the States, and Elphinston to the King of Sweden. to shew him, that he would be ready to land with his Army in Iune or Iuly, and to press that the Forces he was to have from the Swede might be ready to meet him where ever he were appointed to land his men: or if the King of Sweden could not spare so many men, that he would order the money for their Levy and Pay to be sent to Hamburg, or to any other Bank, that so the Marquis might levy them himself. Upon this the King of Sweden sent the Lord Reay first to Den­mark, and then to Holland, for carrying on of those Levies; and com­mitted the levying of 3000 Foot and 1000 Horse to Colonel Farens­back, The King was betrayed by Farensback. a Leeflander of good repute in the Wars; who had served the Em­perour, but for I know not what crime had lost his favour, and under­taken the Service of the Swede, and seemed to be going on with his Levy till the time was past, and then did basely run over to the Empe­rour; shewing how great a Service he had done by his cousening the King of Sweden, since he hoped the failing of the Swedish Auxiliaries would keep the Marquis of Hamilton's Army from coming over that Summer.

King Gustavus was now in Germany, and by his frequent Letters pres­sed the Marquis his dispatch, He pressed the Marquis to come in all haste, for he was then in great straits: the Prin­ces of Germany begun to fear his success, and were not so forward in joyning with him as he expected; and by divers Letters, both from himself, and Camerarius his Ambassadour in Holland, and Salvius his Agent in Hamburg, it appears that the Princes of Germany took their measures [Page 11] chiefly from the Kings resolutions. The King of Sweden also desired a League with the King, and that the King should send over ten thousand men, whom the King of Britain should maintain during the Wars, and desires a League with the King. and that Army, with the other twelve thousand, should be under the Mar­quis his Command as General: upon which the King of Sweden should oblige himself, never to make Peace with the Emperour till the Palati­nat were restored. To this the King gave a good hearing, and promi­sed to send over an Embassadour to finish the Agreement; and in the mean time the Marquis his dispatch was hasted forward with all dili­gence. His Army was partly Scots, partly English, and they were to be transported in the Kings Ships; the Scotish Forces were to be shipped at Leith, and the English at Yarmouth, and Yarmouth-Road was to be their Rendezvous.

In the end of May both Reay and Ramsay came out of Holland to England. Ramsay got nothing done with the States, who would give no assistance to the Marquis, till the King formally engaged himself; yet he got some Officers to come over, and in particular that gallant English Gentleman, Sir Iacob Ashly, who had acquired much reputation in the Dutch Wars: but Ramsay drew much trouble on himself, for being a man of an intemperate tongue, he had talked loosly of the Court of England to the Lord Reay. At this time the Marquis was in Scotland, drawing the Souldiers together, and having made all ready there, he re­turned to Court, having nothing more to doe but to kiss His Majesties Hand, and receive his last Commands: but there was then at Court the Lord Ochiltree, Reay acccuseth Ramsay, and Ochiltree the Marquis. a man of a subtil spirit and good parts, had not those endowments of his mind been stain'd with some ill qualities. He had ac­quired some interest in Court by the service he did the Earl of Niddis­dale in the matter of the Kings Revocation and the Commission of Sur­renders, (which to explain were too long a digression here, and need­less to all who understand how the Rights of the Titles were at that time unsettled in Scotland.) His malice against the Marquis was here­ditary, he being the Son of Captain Iames Stewart, who in King Iames his Minority, when the Hamiltons were groundlesly and in a mock-Parliament attainted, carried the Title of Earl of Arran; and possessed their Fortunes. Lord Reay (upon what irritation I know not) alledged to him, that Mr. Ramsay had told him, that the Marquises designs were not upon Germany but Britain, and that when this Army was once gather­ed he purposed to pretend to the Crown of Scotland. This lye was so ill told, that it could take with none but those whose Judgments were blinded through malice: for as that Army was very small, and in no manner of capacity to prosecute such a design, so it was made up of Scots and English; and most of the Officers were persons of whom the Marquis had no acquaintance. Reay alledged likewise the testimony of one Mr. Cleazar Borthwick, Borthwick be­ing a witness clears the Marquis. to whom Mr. Meldrum should have com­municated the same design: but this testimony turned to his shame, for that person, who was of known integrity, being brought from Germa­ny, and examined upon what Meldrum had said to him, desired liberty to send his Deposition to the King sealed, since the particulars were not fit to be publickly heard; to which the King yielding, he sent it. The summe of it was, that Meldrum had never communicated any such de­sign to him; that he had indeed spoken abominably of the King and Court, but all was in his own name; and that he brought no credence [Page 12] with him from the Marquis, for his errand to the Swedish Court was onely to solicit the payment of some Arrears due to his Uncle, who had served that Crown; and he had no Employment from the Marquis, onely he got from him Letters of recommendation for the dispatch of his business, so that whatever he said was understood as his own sense, and not as a message from the Marquis.

Reay also alledged the testimony of Lieutenant Colonel Lindsay, for a great part of that he charged on Ramsay. This Lindsay indeed was a brave Gentleman, and Reay's Lieutenant Colonel, but was killed two or three moneths before Reay met with Ochiltree at London. He was in new Brandenburg, with other Swedish Officers, when Tilly took it in, and all Reay's Regiment was cut to pieces except a very few; which turned to his eternal disgrace, who in such a hot time of Action left his Command to come over to England and forge lyes: and after that Reay was in no esteem neither with Scots nor Swedes, and irrecoverably lost himself in the K. of Swedens opinion. But Reay kept himself from charging any thing on the Marquis, fixing all he said on Ramsay; which Cauti­on was not observed by Ochiltree, who drew a representation of the Marquis his interest in Scotland, to shew what probabilities might be of such a design, and reckoned up all his Kindred and Allyes, by which he drew in most of the Nobility of Scotland, and so fastned suspicions on them all; a madness onely incident to those of Bedlam, to which his ma­lice drove him though he was no fool.

With this account of Reay's and his own he went to the Lord Weston, Weston carries the Accusation to the King, then Treasurer of England, and personating great zeal for the safety of King and Kingdoms, revealed this alledged Treason to him; adding, that it was probable, all things being now ready to be put in execution, that the Marquis upon his return, to put things in the more fearful disorder, might (if admitted to wait in the Kings Bed-chamber) murder him. This was a Calumny than which Hell could not have forged a fouler; for Lord Ochiltree judged that this would have infallibly pro­duced one of two effects, either raised such a Jealousie in the Kings thoughts as to have quite ruined the Marquis, since few Princes are proof against such whispers; or at least it would have stopt his voyage for a while, till he were tried, and the smallest delay in that would have scattered his Souldiers; so that this design failing, in which his Ho­nour was now so far engaged, a stain should lie on him through all Europe. Lord Weston carried this Story to the King, whether provoked to it out of hatred to the Marquis, or moved from his zeal and duty to the King, shall not be determined; though the last was pretended by him, and in many of his Letters to the Marquis, when he was in Germa­ny, he expressed much friendship for him.

who gives it no good hear­ing,But His Majesty knew the Marquis too well, and understood all his motions, and the progress of this Affair too exactly, to give any credit to this Forgery: and indeed he rejected listening to it, in terms so full of affection for the Marquis, as discovered he was incapable of any Jea­lousie, either of him, or any of his actions; neither would he hearken to those who onely desired that upon his return he might not be ad­mitted to his Presence, at least not to lie in his Bed-chamber. Within a very little while the Marquis came to Court, utterly ignorant of the execrable designs of his Adversaries: His Majesty welcomed him with an air of kindness beyond what he ordinarily gave him, and drawing [Page 13] him apart, immediately told him all that villainous story which had been whispered against him. The Confusion this raised in his thoughts was unspeakable, and opens the whole matter to the Mar­quis; being amazed to find himself so horridly misrepresent­ed, knowing his heart to be full of duty and affection to his Soveraign; he wondered how malice could be so impudent, as at a time when he was hazarding Life, Honour, Friends, and Fortune, for the Kings Ser­vice, to fasten such a devillish gloss on his actions: but this surprize was overcome with a greater, when he saw His Majesty with an unheard-of, and truly Royal generosity, express his confidence in him in such ob­liging terms, as scarce to allow him to speak in his own Justification; which seeming to insinuate, he thought he needed to be vindicated, the Marquis begged he might be presently tried, and offered himself to re­straint till he were cleared. But His Majesty would not hear of that, on the contrary commanded him to lie in the Bed-chamber that night; and made him lie in the Bed-chamber that same night. and he expressed his confidence and kindness for him, in such a strain both of behaviour and discourse, that the Marquis frequently said, he looked on the kindness of that night, as that which obliged him more than all the other publick testimonies of the Kings favour and bounty he ever met with; fo [...] His Majesty embraced him with such tender affection, that he had been a monster of ingratitude, if he had been ever capable of for­getting it: and indeed the Marquis used to say, that never were his re­sentments for any usage he afterwards met with so great, but the remem­brance of that night stifled them quite; and it must be confessed to be a passage without example in History, since the days of the conquering King of Macedon. But the Marquis was not able to lie under such ter­rible imputations, wherefore he pressed that Ochiltree might be put to it to prove what he had alledged: but all he offered against Ramsay was onely a presumption, which Ramsay denied and Reay affirmed; so that they were both put under Bail, and nothing appeared that did touch the Marquis: for, though Ramsay had been as guilty as the Lord Reay called him, that left no imputation on him, since none can be made answerable for those they imploy, unless it appear that they followed the Instructions given them. So the Marquis was dispatched to Germa­ny. Lord Ochiltree had charged the Marquis with Treason, Ochiltree tried and sentenced for his Forge­ries and failing so totally in his probation was sent down to Scotland to be tried, where he had a legal and free Trial for his false Charge, before the Ju­stice-general, and such As [...]essors as were appointed to sit with him by the Privy Councel: and had the Marquis repaid him in his own coin, he could not have escaped capital punishment; but he was satisfied with his own Justification, and such a Censure put on the Calumniator, as might deter others from the like attempts; wherefore he was condemn­ed to perpetual Imprisonment in Blackness Castle, to perpetual Imprisonment▪ and he continued there for twenty years. But that all this matter may be ended at once, ten years after this, when His Majesty was in Scotland in the year 1641, the Marquis was prevailed on, by the addresses Ochiltree made to him, to procure his liberty from the King; which he was to have done, but at that time one Captain Stewart, who had married his daughter, was amongst these who discovered the alledged Plot, commonly called the Incident, (whereof an account shall be given in its due place:) and this bound up the Marquis from interposing for Ochiltree's liberty, lest it should have been supposed that he had done it as a kindness to his Son-in-law for that discovery, which might have raised some Jealousies.

[Page 14]As for the Lord Reay and Mr. Ramsay, Reay and Ram­say desired a Combat. they continued the one po­sitively affirming, the other as confidently denying what was alledged; but in the whole progress of the Trial the King expressed that concern­ment in the Marquis, that he seemed earnest even to have Ramsay vin­dicated. Ramsay carried himself very fiercely in the pursuit; at length both of them desired to be judged by the Martial Court, and that they might be permitted a Combat. Ramsay was the more eager in that, but though Reay did not decline it, yet he was not so forward as the other. It seems needless to give a relation of the particular procedure of this Affair, though another, to swell up his Volume with impertinent Stories, Sandersons Life of King Charles. hath at length set down the Journal of the proceedings of the Martial Court, with no other design but to heap the more envy on the Marquis, which he usually doth with as much ignorance as malice. All the account to be added shall be in the words of one against whom there can be no exception: I shall therefore set down His Majesties Letter to the Marquis, upon the conclusion of this matter, which is taken from the Original.

James,

His Majesties Letter about that Affair.SInce you went I have not written to you of Mackay's business, be­cause I neither desire to prophesie nor write half news; but now seeing (by the grace of God) what shall be the end of it, I have thought fit to be the first advertiser of it to you. I doubt not but you have heard, that (after long seeking of proofs for clearing the business as much as could be, and formalities which could not be es­chewed) the Combat was awarded, day set, weapons appointed: but having seen and considered all that can be said [...]n either side, as likewise the Carriage of both the men, upon mature deliberation I have resolved not to suffer them to fight; because first, for Mackay, he hath failed so much in his circumstantial probations, especially c [...]n­cerning Muschamp, upon whom he built as a chief witness, that no body now is any way satisfied with his accusations; then, for David Ramsay, though we cannot condemn him for that that is not, yet he hath so much and so often offended by his violent tongue, that we can no ways think him innocent, though not that way guilty whereof he is accused: wherefore I have commanded the Court shall be dismis­sed, and Combat discharged, with a Declaration to this purpose, that though upon want of good proof the Combat was necessarily awarded, yet upon the whole matter I am fully satisfied, that there was no such Treason as Mackay had fancied; and for David Ramsay, though we must clear him of that Treason in particular, yet not so far in the general, but that he might give occasion enough by his tongue of great accusation if it had been rightly placed, as by his foolish pre­sumptuous carriage did appear.

[Page 15]This is the substance, and so short, that it is rather a direction how to believe others than a Narration it self, one of my chief ends being that you may so know David Ramsay, that you may not have to doe with such a Pest as he is, suspecting he may seek to insinuate himself to you upon this occasion; wherefore I must desire you, as you love me, to have nothing to doe with him.

To conclude now, I dare say that you shall have no dishonour in this business, and for my self, I am not ashamed that herein I have shewed my self to be

Your faithful Friend and loving Cousin, CHARLES R.
London, May 8. 1632.

But to return to our Story; the King of Sweden appointed General Lesley, afterwards Earl of Levin, to wait on the Marquis at his landing, which he desired might be at Breme; The Marquis sets sail, and intends for Breme, and appointed his Agent to deal with the Archbishop of Breme about it, who was well satisfied, promi­sing him all assistance: he was also put in hope of the Auxiliary Forces to be in readiness to meet him there; but seeing no other appearances besides words and promises, he did not think it safe to land his little Ar­my in a Country so distant from the Swedish Camp, when the Enemy lay betwixt them, so that he might easily have been cut off before they could joyn; therefore he resolved to sail through the Sound, but sails through th [...] Sound ▪ and land in Pomerania, where none lay betwixt him and the King of Sweden.

On the 16th of Iuly he set sail from Yarmouth-Road, which was the place appointed for Rendezvous, his Fleet being about 40 Ships: and on the 27th he came to Elsenor, where he went ashore to kiss the King of Denmark's hand, and to deliver the Kings Letters to him for a free passage, in case he took that course; from whence he dispatched Pen­nington to His Majesty to receive further Orders, to which he had the following Answer.

James,

I Could not let Colonel Peebles go without telling you, that I have received your Letter of the 25th of July by Pennington. As for my resolutions concerning the Affairs of Germany, you shall know now very sh [...]rtly (by the grace of God.) I have resolved to dispatch Henry Vane within ten days at furthest, till which time I thought it not amiss (by these lines) to assure you, that I neither do nor shall forget you; and then you shall see, that I remember you with that care and kindness that you may truly expect from

Your loving Friend and Cousin, CHARLES R.
8 Sept. 1631.

[Page 16]On the 29th of Iuly he set sail again, and on the 31th came to the mouth of the Oder between Voll-Gast and the Isle of Vsedom, where the Swedes had first landed; so on the 2d and 3d of August he landed his Forces, which upon muster were found to be above 6000 able men. he lands in Germany with 6000, The next day they passed over from the Island to the Continent, and there he had a return from the King of Sweden, by the Messenger he had sent to give him notice of his safe arrival. That King welcom­ed these tidings with much joy, and appointed him to go into Silesia for the reducing of that Country, promising that the Army he was engaged to give for his assistance should meet him on his way; and with this he sent him a Commission to be his General in Silesia.

in good time to the King of Sweden.The same of this Army run through Germany, being represented to be about 20000 men, which struck a great terror into the whole Impe­rial Party, so high was the same of the Scots valour: and it was con­fessed through Germany, that the Marquis his coming at this time was a great occasion of the famous Victory obtained at Leipsick in the begin­ning of the next moneth; for the fame of this made the Elector of Saxo­ny agree presently with the Swedes, and encouraged the whole Prote­stant Party, who now hoped to see the assistance of Britain prove more effectual than it had been formerly: it also obliged Tilly to leave about six or seven thousand more in his Garrisons than otherwise he would have done, which weakened him much at the next Battel. But the Country they landed in was totally wasted, both by the Imperial Army, which had been led through it the former year, and by the Swe­dish Army that had lately passed it; so that they met nothing before them, but Vastation, Plague, and Famine.

A little after that the King of Sweden desired the Marquis to come to him, The Marquis goeth to the King of Swe­den, and receive Orders from himself; so he went, and found him on the other side the Elb at Werben. That King caressed him with the highest expressions of kindness, professing extraordinary obligations to him, and acknowledged what advantage the very name of his Army had already done him. The Marquis discovered in that noble Con­querour an air of Majesty and Courage which could not be equalled, neither was his Prudence in Affairs inferiour to his Conduct of Armies: but those rare excellences were much soiled with unsupportable Pride and Ambition, which grew with his success to an intolerable degree. He pressed the Marquis to solicit his Master earnestly for a more vigo­rous supply, both of men and money; and he excused his not sending the Forces he had promised to meet him, since his design was presently to give Tilly Battel, so that he could not weaken his Army; but he bade him levy what Germans he could, whose Pay the King of Sweden said he should advance; and so he sent him away to keep Custrin, Frankfurt and Lansberg, and other Passes on the Oder, who sends him to keep some Passes, for his retreat in case he were beaten.

Whereupon the Marquis marched with his Army from Stetin up to Frankfurt, but the Famine was so great in this wasted Country that it was scarce possible for them to subsist. The Plague was also at Frank­furt, which broke in upon their Army so hotly, where the Plague broke in on his Ar­my. that in a few days it swept away above a third part of them, and came so near the Marquis himself, that one of his Pages died of it: yet so tender and so equally divided was his care of the Souldiers, that notwithstanding of all the straits they were in none of them mutined or complained of him. Af­ter [Page 17] the great Victory of Leipsick, which altered the whole state of Ger­many ▪ the King of Sweden ordered the Marquis to march up to Silesia, though 200 Horse and 300 Foot were all the Auxiliaries he sent him.

At this time the Marquis had notice from the Governour of Crossen, He relieves Crossen, which was a good Town in the borders of Silesia in the Swedes hands, that they were besieged, and were so weak within that they could not hold out long; whereupon, that being a place of great importance, the Marquis sent Lesley with 500 men for their relief, who no sooner arri­ved but the Enemy retired, though they had resolved to assault the Town that morning; and went away in such haste, that they left a great deal of their Baggage behind them, and some Cannon, which were ta­ken by these of the Garrison. And a few days after that the Marquis had intelligence, that the Garrison of Guben (a Town in Silesia in the Emperours hands) was much weakened; 2500 Souldiers had lien in it, but 2000 were drawn out for recruiting the Imperial Army, and 500 onely remained, who as he heard kept but bad Guard; whereupon he sent Lesley with 600 men to surprize the place: but his intelligence proved false, for they kept good Watch, and had barred up two Ports; the third had two Draw-bridges and was well-guarded. But Lesley lay close in the Suburbs, expecting the letting down of the Bridge at next Sun-rising, for they within knew nothing of his being so near them; so next morning as the Bridge was let down▪ Lesley caused a few Horse to come for making the Port good till the Foot should advance. These of the Town got the Port shut on them, yet they kept the Bridge; but the Foot coming up, after half an hours sharp dispute upon the Bridge, they did with Hatchets cut a hole in the Port, and takes G [...] ­ben; at which a few of the more resolute entered, and opened it for the rest: a great many of the Enemies were killed, and about 250 Souldiers, with 4 Captains and some Under-officers, were taken prisoners, who took service under the Mar­quis. The taking of this Frontier Town put much courage in his little Ar­my, and from this he was setting forward to Glogow, the second Town of Silesia, with good hopes of carrying it: but as he was to march, he received Letters from the Swedish King, telling him, that by his Agreement with the Duke of Saxony, that Elector had undertaken to reduce Silesia; wherefore he appointed the Marquis to follow him into the lower Sa­xony. The Marquis regrated extremely, that after he had marched so many days through a desert Country, and was now come to a plentiful one, where there were fair hopes of good success, he should be present­ly called back into those barren and wasted Fields. But he began to find the King of Sweden was blown up with Success, and neglected those he had formerly caressed; and Silesia being united to the Crown of Bo­hemia, he understood that the King of Sweden would never trust him in any. Country where the King of Bohemia had interest. He once thought of going forward at all adventures, but the King of Sweden had order­ed his Garrisons in that Country to acknowledge him no more; so he was forced to return to Custrin, and there he got Orders to come and besiege Magdeburg. but is recalled to besiege Magdeburg.

His Army was strangely diminished, for he was forced to leave a thou­sand behind him with the Plague upon them, and about another thou­sand were divided in Garrisons, and so he had but a thousand and five hundred of his own men, and about three thousand German Foot, [Page 18] whom he had raised; whereupon with these, and a thousand Swedish Horse, he came and blocked up Magdeburg, which being the chief Town of the lower Saxony, had a great Garrison of about 3000 within it, commanded by one of the Counts of Mansfield. That great and flou­rishing City had been besieged and taken by Tilly the same year, where the Inhabitants were cut down, and the City burnt all to ashes, except 80 or a 100 houses about the great Cathedral, by a cruelty which had not been practised by the Goths or Vandals; for neither Age nor Sex was spared, nor was there any cessation till all were butchered down: and here it was, that Tilly had brought together the whole plunder had been taken in all his Victories, so that it was full of riches, besides the great importance of the place. The Marquis could have no great hopes of carrying it, when they within were almost as strong as he was with­out, for all that Bannier brought to his supply, made in the whole not 7000 Horse and Foot: there was no attempting of it by storm, for it could onely be carried by starving them, so that there were no blows gi­ven, except in two little Skirmishes not worth the naming.

At this time the King sent over Sir Hen. Vane Ambassadour to the King of Sweden to enter in a League with him; Sir Henry Vane comes Ambas­sadour to the King of Swe­den. who gave the Marquis ad­vertisement of his landing from Hamburg, and that he was ordered to communicate all his Instructions to him, and to proceed in every thing according to his advice, in particular to espouse all his Concernments as the Kings own; and with this he sent him the following Letters from His Majesty.

James,

ACcording to my promise I have dispatched Henry Vane, whom I have commanded to impart unto you both his publick and pri­vate Instructions; so that it will be a good excuse for my laziness in writing shortly to you, and a testimony to you, that your absence nei­ther makes me alter nor forget you; for you may be assured, that my Trust of you is so well-grounded, that it lies not in the power of any body to alter me from being

Your loving Friend and Cousin, CHARLES R.
Hampton-Court 21 Sept. 1631.
POSTSCRIPT.

As you have begun, so I desire you may continue, in letting me hear from you as oft as you have occasion; the last I received from you was the 7th of August.

The other had followed the Ambassadour.

James,

JVst now I have received a Letter from you, dated the 22th of August from Stetin, half of which is in Cypher, but I am afraid I shall hardly read it; for there is so little distance betwixt the num­bers, that it seems but one continued number from the beginning to the end of every line; so that I must desire you henceforward to di­stinguish your numbers perfectly: as soon as I have decyphered this, you shall have an Answer of it from

Your loving Friend and Cousin, CHARLES R.
Hampton-Court, 23 Sept. 1631.

The Ambassadour desired him to name any place where he might come and speak with him, before he saw the King of Sweden, for he had no mind to begin his Treaty till he had spoke with him; and at the same time the King of Sweden desired him to come to his Camp for a few days, in order to the carrying on the Treaty, which he knew the British Ambassadour was coming to propose.

Whereupon he left his Army under the Command of Lesley and Ban­nier, and went to the King of Sweden, The Marqui [...] goes to the King of Swe­den. whom he found at Frankford on the Main, much blown up with Success, so that he seemed to make less account of the Kings Friendship; yet he expressed a great desire to finish the Agreement, and when he appointed Gustavus Horn to negotiat with the Ambassadour, he ordained him to make the Marquis Vmpire of all their Differences, declaring, that he would stand to his Decision.

This, which is yet to be seen under his Hand and Signet, was an un­usual Complement from that high-spirited King; but the Marquis thought not fit to put it to the Test, how much of it was meant for re­ality. He pressed the King of Sweden for more Auxiliaries, but was sent back by him to his Army, loaded onely with hopes and fair words. So he came again to Magdeburg about the end of December, Magdeburg comes to a Parley; where he found that they within were much straitned, and (as another Historian acknowledgeth) had Bannier been as forward as the Marquis was, the Town might have been rendred. On Christmass-Eve they came to a Parley, and would have in few days rendred it: but on the second day of their Treaty they had notice that Papenheim was coming with an Army to their relief, whereupon the Treaty broke up, An. 1632. and Bannier would have been retiring. The Marquis pressed his stay, but he pro­duced his Orders to command all the Dutch and Swedish Forces, and not to hazard an Engagement. This the Marquis looked on as a great breach of Agreement, that any should have Command in his Army but himself, but he must be patient; whereupon he retired to Saltsa, two leagues from the City, where he expected Duke Weimar with 5000 men, and resolved on his arrival to have given Papenheim battel: but Weimar came not, and Bannier drew his men yet further away to Kalbe, a league and a half off, and passed the River Sala, pressing the Marquis to pass with him, so afraid was he of Papenheim; but the Mar­quis [Page 20] sent Sir Iacob Ashley to view the Pass, who told him it was so good, that he might safely march away in a quarter of an hours warning, in spite of Papenheim and his Army, upon which he would not stir. Meanwhile Papenheim advanced with his Army, but is relieved by Papenheim, which he gave out to be ten or twelve thousand, though it was onely 4700 men; but, to make the fame of it greater, the Purveyors who went before him made provision for near thrice so many: his men were drawn out of Garri­sons, and brought up in all haste; and if Bannier had not been stiff, it had been easie to have fought him, and the least foil given him had made Magdeburg their own. Papenheim getting to Magdeburg, and finding that it could not be kept, who leaves it. marched away with the Garrison, and every thing worth carrying with them; but when he came out of the Town, the Marquis and he fac'd one another in a Plain betwixt Kalbe and Saltsa, and the Marquis, though very much weaker than he, yet had a great mind to have engaged: but Bannier would not think of it, nei­ther had Papenheim any mind to provoke them, and so he marched away: thus Duke Weimar's slowness, and Bannier's carefulness, lost them that occasion. After Papenheim was gone the Marquis entred Magde­burg, where he found they had left about 40 peece of Cannon, and great store of Ammunition, with plenty of Corns: he staid there till the begin­ning of February, that the King of Sweden ordered him to lie about Hal­berstadt: but his Souldiers were ill-entertained, and those he had le­vied in Germany were pressing for Pay, which should have been advan­ced by the King of Sweden; therefore in the middle of February he went to that King, who received him with his former kindness: and by other Letters from His Majesty he found, he was still so happy as to re­tain the room he had in his Heart, which appeared by the two following he found there from His Majesty.

James,

I Have received four Letters from you almost all together, (to wit, of the 23th of September, of the 8th and 14th of October, and of the 11th of November; this last being under Henry Vane's Co­ver:) which makes me not let this Post go, without letting you know of the receipt of your Letters, having little other thing to write to you at this time; because I am taking two or three days to make a full Dispatch to you and Henry Vane, that you may know the uttermost of what you may expect from hence, assuring you that in all these Condi­tions you shall still find me to be

Your loving Friend and Cousin, CHARLES R.
Whitehall, 16 Decemb. 1631.
James,

YOu know that I am lazie enough in writing, being willing to find excuses to write short Letters; therefore, though I confess that at this time I have matter sufficient to fill a long Letter, yet in earnest (having commanded Henry Vane to acquaint you fully with all my resolutions) it were needless to trouble my self with writing, or you with reading, a long Letter: therefore I will onely say, that you will find that I neither mean to forget, or break my Promises to you, and that you will not be unluckie if you have but as good fortune in all your actions, as is wished to you by

Your loving Friend and Cousin, CHARLES R.
Whitehall, 31 Decemb. 1631.

But there were great rubs in the Treaty with England: the main thing pressed by the Ambassadour was, that the King of Sweden should give the Marquis an Army, The King of Sweden pro­poseth unmea­surable terms to the King. with which and the Forces and Moneys to be sent from England, he should fall in on the Palatinat. But the King of Sweden proposed unreasonable Conditions, demanding greater Assistance from the King of Bohemia than the whole Palatinat could have given in its most flourishing Condition, and some Cities of the Palatinat to be put into his hands till the Wars were ended; with many other hard Conditions, almost as severe as these which had been proposed by the Emperour: so that the Marquis did clearly perceive, Gustavus was beginning to reckon on all Germany as his Conquest, and that he was to give what Laws he pleased in it. Thus the Ambassa­dour and he were in very ill terms, but he continued to use the Marquis with great civility; yet he still declined to give him a Commission to levy a new Army, neither would he pay him those Summes of Mo­ney he had laid out in his Service; and his Chancellour said to him, they knew very well he had spent none of his own Money, having gotten 100000 l. from his Master. He answered, though that were true, he and his Master were to reckon, but that must not be set to their Ac­compt.

In April the Marquis desired, that some order should be taken with the remainders of his Army till he got a new one, for their number at that time could onely have made him a Colonel, but not a General; so they were reduced into two Regiments, The Marquis's Army is redu­ced to two Regiments. the one of English, and the other of Scots: the English were commanded by Colonel Bellandin, since made Lord Bellandin, and the Scots by Colonel Hamilton, and they were put in Duke Weimar's Army.

The Marquis sent over Sir Iacob Ashley to give the King accounts of what passed, who was quickly dispatched back with the following Letter.

James,

YOu did very well to acknowledge to the Chancellour of Swede his allegation concerning the 100000 l. that he supposed you had from me for His Masters Service, and so much as you did reply to him thereupon was good; but methinks you might have adde [...] that, that would more plainly have shewed him his error, which is, That if his Master would not accompt to you for what I gave you, yet, if he will take notice of it that way, it were reason not onely that he sh [...]uld thank me for it, but also suffer me to put it on his accompt in part of that Assistance I am to give him; but if he will (as he ought) stand to his bargain with you, then he must leave you and me to reckon to­gether, having n [...]thing to do to enquire particularly what passes be­twixt us. I need write little more to you at this time, the trust and sufficiency of this Bearer making it needless, onely to recommend him to you as you did to me, and to tell you freely, that you had done bet­ter in my mind if you had reserved to him the English Regiment, when your Army was reduced. This I write merely of my self, (on my word) for no body knows that I do this, and I never heard any blame you for it: and for Jacob Ashley himself, he is so far from cen­suring of you, that you need wish to be no better than he calls you; and he solicits your business beyond the diligence and industry of a fee'd Lawyer. So referring my self for what else I have to say at this time to him, I rest,

Your constant loving Friend and Cousin, CHARLES R.
London, the last of April, 1632.
POSTSCRIPT.

I hope shortly you will be in a possibility to perform your promise con­cerning Pictures and Statues at Muneken, therefore now in earnest do not forget it.

All this Summer the Marquis followed the King of Sweden in the qua­lity of a Volunteer, The King of Sweden refu­seth to give a new Commissi­on. of which he was sufficiently weary: but he found that King was so jealous of him, that he was not to expect any Trust near or in the Palatinat, where he desired most earnestly to be imploy­ed, and that he did put him daily off; in which the King of Sweden's design was, that by his Impatience he might be quickned to carry on the Treaty with England on any terms. But no consideration of his own could make him betray his Masters Service, or drive on Propositions which he judged so dishonourable for him, as were those he offered about the Palatinat; wherefore he wrote to His Majesty to receive his positive Commands what to do. His Majesties Answer follows.

James,

I Have received three Letters from you by James Lesley, about the 25th of July, all which I assure you have given me very good sa­tisfaction, as well for your right understanding of Affairs in general, as to give me a light how to direct yours in particular, which at this time is t [...]e onely subject of mine. One of two you must chuse, either to stay, or come away. For the first, it were very Honourable to doe (in the timis of Action) if you had an Employment, but neither ha­ving, nor likely to have any hereafter, it were dulness, not patience, to stay any longer; yet it is fit to come off handsomly, neither shew­ing impatience nor discontentment, if may be, although I think you have cause for both: therefore I have commanded Henry Vane to propose a new Employment f [...]r you, which though I think it will not take effect, yet it will shew, there is no way unsought for to find you out an Employment with the King of Sweden. It is, that you may be sent into the Palatinat, to assist the French with so many men as my Contribution will maintain; which if it may be done, they promise me to put the lower Palatinat in my hands. This though I do not hold as Gospel, yet, if this design might be put in practice, it might certainly prove useful to my Affairs: this being denied, (as I think it will) you have no more to doe but to seek a fair excuse to come home, which will be best, in my opinion, upon the conclusion of the Treaty between Sweden and Me; or if any rubs arise, that you might be sent to clear it with me. So that upon the whole matter my Iudgment is, that if you cannot serve me in the Palatinat, (as I have already said) the best way is, that you take the first civil ex­cuse to come home to

Your loving Cousin and faithful Friend, CHARLES R.
Oatland, 1 Aug. 1632.
POSTSCRIPT.

David Ramsay will (as I imagine) meet with you before you come hither, which if he doe, I hope you will remember what I have said concerning him already.

But at this time Oxenstern demanded a League Offensive and Defen­sive between the Crowns of Britain and Sweden, and that the making of Peace in Germany should be onely in the King of Swedens hands. This varying wholly from the former Treaty, wherein they had onely treated about the Affairs of Germany, and whereby no Peace could be [Page 24] without the Kings consent, the Ambassadour and he broke up in very ill terms; and on the back of this, the Marquis pressing the King of Sweden to assign him a Country for levying a new Army, The Treaty breaks up. His Majesty answered him with a new delay: but he told that King, that he had been now fifteen moneths from his own Country, and though he had been at a vast expence he had received nothing in that Service, and that his Heart was too great to be a perpetual Volunteer, as he had been these divers moneths past; wherefore he pressed for a present Answer. The King of Sweden confessed he had reason to be weary, and he ac­knowledged the great obligation he had to him, and that he would al­ways look upon him as one of his best Friends; but said the blame of all the delays he met with fell on the English Ambassadour, on whom he fell a-railing with the greatest passion that the Marquis had ever seen him in; The King of Sweden in [...]reat passion. and in a huffing way pulled the Marquis his Hat out of his hand, and clapped it on his own head, and went stamping up and down the room in great rage. The Marquis shunned the Discourse, since as he could not condemn the Ambassadour, so he would not irritat the King of Sweden by an ill-timed Justification of him: but the chief rea­son of his passion was, that many of the Princes of Germany were be­ginning to talk, that their Deliverer was like to prove a greater Tyrant than the Emperour had ever been, and he suspected the Ambassadour was Caballing with them.

But the Marquis seeing nothing but delays, desired liberty to return to England, that he might levy a new Army, and remove any Misunder­standings were betwixt his Master and the King of Sweden. This Pro­position was so fair that it could not be refused; so on the 8th of Sep­tember the King signed a Commission to him for bringing over a new Army, The Marquis returns to England. and gave him Instructions for ending the Treaty with the King: and a little after that he took leave of him, and was dismissed by the King of Sweden and all about him with very high expressions of Friend­ship, that King telling him, that in whatsoever place of the World he were, he would ever look upon him as one of his own.

As he was returning home he received the following Letter from the King.

James,

I Wrote to you in my last to find a pretext to come home, but now I must tell you, it is not fit to stay any longer where you are; for the impossibility of your Employment there, and the necessity of your business here, requires your return; so that at this time I'le say no more but, Nil mihi rescribas, attamen ipse veni; for you shall be no sooner come than welcome to

Your faithful Friend and Cousin, CHARLES R.
Hampton-Court, 24 Sept. 1632.

And thus ended the Marquis his Expedition into Germany, wherein if he missed that Success which himself or others had expected, it was no [Page 25] miscarriage nor neglect of his own; nor could it be said that he had failed in a jot of what he undertook, though almost in every particular the King of Sweden failed to him; neither was any thing so much the occasion of these neglects he met with in Germany, as the firm affection he bore his Masters Service: yet though this lessened his Confidence in him, yet it could not but increase his Esteem of him. 'Tis true, he did not survive this long, to give any expressions of it; for in No­vember next at Lutzen was that great and conquering King brought to the end of his days, The King of Sweden is killed. and so all his thoughts and grasping designs did perish with him; onely the Renown of his never-dying Fame sur­vives.

But both Oxenstern and his other Counsellours in their Addresses to the English Court, during the Minority of their young Queen, did re­commend all their Affairs to the Marquis, as to one of their own Nati­on, with the highest expressions of Esteem and Friendship; and divers of the Electors and Princes of Germany were much taken with his Con­verse, having seen him in the Swedish Camp, and continued their Friend­ship with him both by Correspondence and Presents.

When he returned to Court, The Marquis is well recei­ved at Court▪ his reception with the King was as affectionate as his parting had been, and he continued about His Ma­jesty in the highest Characters of Favour; but he kept himself much out of business, medling little in Scotish Affairs, except it had been to procure a particular kindness to his Friends, in which he was so sparing, that many were dissatisfied with him for it.

Next year the King went into Scotland, to receive the Crown of that his ancient and native Kingdom, and held a Parliament there; An. 1633. thither did the Marquis follow him, assisting at that Ceremony according to his Rank with much joy. He waits on the King to his Coronati­on in Scotland ▪ But his Expedition to Germany had involved him and all his Friends in vast Debts; yet his Lease of the Customs of the Wines was a good Security, and fully able to free him of that bur­den, and was ratified in that Parliament. But the Earl of Traquair, who was then Treasurer-Deputy, suggested to the King, that these Customs were the readiest and surest Moneys that the King had, and that the Treasury would signifie little without them: wherefore he moved that some other way might be fallen upon, for refunding the Expence the Marquis had been at for his Army in Germany, that so these Customs might return to the Treasury. All the Marquis his Friends having got a hint of Traquair's Proposition, pressed him to oppose it with all his Interest; since the Security he had was good, and well-settled on him by Law, and any new Project could be fallen on, would neither prove so sure, nor so speedy Payment. But Traquair's Proposition pleased the King well, and he moved it to the Marquis, who without either mur­muring or reluctancy offered back his Lease of the Customs of the Wines, and submitted his whole pretension to the King.

But His Majesty was both just and generous, and so would not suf­fer him to be ruined by those Burdens which had been contracted by his own Commands; wherefore a Taxation being laid on the Country by the Parliament for the Kings supply, together with another Imposition of two of the ten, which was then the Interest of Money, the Collect­ing of these was put in the Marquis his hands till he should be paid all was due to him by His Majesty for the Expedition to Germany, and for some other great Summes His Majesty was owing, which he under­took [Page 26] took to pay; and for the rest he was to be accomptable to the Treasu­ry, upon which he yielded up his Lease of the Customs of the Wines.

In the end of that year His Majesty sent down the Marquis to settle, with the several Shires and Burroughs of Scotland, both for the Taxati­on and the Two of the ten: and though his Power in that was full, so that he might have acted singly; yet he would do nothing without the consent of the Lords of Exchequer and Session. He spent some moneths in these Agreements, and after he had settled with the greatest part, he returned to his attendance at Court, having devolved the management of his Fortune and private Affairs on his Friends: and thus his Fortune was in a few years recovered from the burdens it lay under.

A year after that he was sent down again to examine the Earl of Mor­ton's Accompts, who was Treasurer, and then he gave a new Instance of his being against the ingrossing of Power; for though his Trust war­ranted him to have acted singly, yet he carried along with him in all his procedure the whole Exchequer.

And this is all the medling that (for ought I find) he had in publick Affairs till the Year 1638.

MEMOIRES OF THE LIFE and ACTIONS OF James Duke of Hamilton, &c.
LIB. II. Of what passed while the Marquis was Commissioner in Scotland in the Years 1638, and 1639.

HItherto the course of the Marquis his Life had been more easie and serene, An. 1638. but henceforth we shall find it a tract of Clouds and Storms; for now he came to engage in a disorderly Affair, The Marquis enters on th [...] Affairs of Scotland. if ever any was: he found it troubled, but had no hand in the occasions of these Confusions, having abstracted himself from publick Affairs for divers years, medling no further than in gi­ving general Advices when called for; and so far had he been from engaging himself in any designs, that at his entry upon business there was neither Privy Counsellour, Officer of State, nor Lord of the Session, of his recommending, or that depended on him, the Justice-Clerk onely excepted.

But because this year gave the rise to those dismal Troubles, whose tragical Catastrophe we have all felt so sensibly, and since the Affairs of Scotland were wholly and onely trusted to the Marquis his Conduct for this year, the account of it shall be enlarged, perhaps to tedious­ness: but it is hoped that the importance of the Narration shall more than compense the pain of its length. And this is the more necessary, because the Marquis his Actions this year are generally so little known, and so ill represented; besides, that great Encouragement is offered from the copious and authentick materials yet extant, for composing of this Narration. But to give a clearer prospect of the State of things be­fore his Negotiation, an account must be given of the rise and occasion [Page 28] of this years Disorders, and of the state in which he found matters at his first Engagement.

A brief Sum­mary of Church-affairs from the Re­formation to the present Year.What is here to be said as a requisite Introduction to these Transacti­on [...], is indeed out of the Road, and not made out by his Papers; but the Discourse will be grateful, it is presumed, to those who have not had a true, full, and clear Information of the particular passages of these Times: whereof though some have attempted to give the World an account, yet none (for ought I know) hath done it upon know­ledge or authentick Information, as what is here said of these matters shall be.

It is well known that in Scotland the first Reformation from the cor­ruptions of Popery was Popular, without the concurrence or allowance of Supreme Authority, though the Nobility for the most part joyned in it; and the Preachers being the chief actors and prosecutors of it, came to have great power over the People and interest with the No­bility.

The Ministers were popular and factious.It continued thus during King Iames his Minority; but no sooner came he to assume the Government, and to consider the state of the Kingdom, than he found the power the Ministers had with the People was swelled to such insolence, that it was more than necessary to limit it to its just bounds: for nothing passed in the Court or Council but their Pulpits did ring with it, and no favour was shewed to any that were Popishly affected, but Jealousies were infused into the minds of the People, as if Religion had been in hazard; and the People being then in their first fervours against Popery, were apt to take those Alarms pretty hot; neither did the King cherish any who was not devoted to them, but they did represent him a Favourer of Popery. They also held Opinions which savoured too much of that Church which was so odious to them, concerning the power of their Assemblies, and their not being accountable for what they preached, how Treasonable soe­ver, till it were first judged by the Church-Judicatory; where all such things were sure of a mild Censure, to say no worse: divers other Te­nets they held, which were judged inconsistent with good Government. But many of them being popular Preachers, and of insinuative tempers, they were much depended upon by the People, who looked on all their Excesses as holy zeal.

King Iames bent all his thoughts to the regulating of this, King Iames brought in Episcopacy, and judg­ing that the onely course to effectuate it was, to have some few of great­er temper and discretion to be set over the rest, he studied by all means to get Episcopacy introduced in Scotland; promising himself, by that means, an infallible remedy of all these Evils, of which he was extreme­ly sensible, though his great Gentleness made him very slow in punish­ing them: but they foreseeing well the Kings Intentions, and the effects they might produce, did as cautiously resist all his attempts that way.

though not without great and long op­position.I shall not tell what endeavours that wise and peaceable King used for compassing of his designs, nor with what hindrances they were ob­structed: but no sooner was he happily settled on the Throne of Eng­land, but he went more roundly to work; and yet it was not without opposition that he got Episcopacy settled and ratified in Parliament, Anno 1612. But though great art was used to get Assemblies framed to the Kings designs, he could never compass it.

[Page 29]Episcopacy being settled, King Iames also erected a High Commission Court, for punishing such as offended against that Constitution of the Church. This Court was made up of Bishops, and other Noblemen and Gentlemen; but the Bishops being those who kept the Diets of it best, most of the Secular persons absenting themselves often on design, and the Bishops leading all matters in it, it was counted their Court, and the odium of all that passed there fell to their share.

This step being made, King Iames advanced towards an Uniformi­ty with England in Worship and other Ceremonies; moved to it, ei­ther that he might thereby make way for the Union of both Kingdoms, which of all things he most desired, or that he might root the seeds of Puritanism out of Scotland. But in this he met greater opposition, and all the progress he made in it was, that in one Assembly it was decreed, there should be a Liturgy drawn for the use of the Church of Scot­land; and in another at Perth the Five Articles, that bore the name of that place, were settled not without great contradiction: and these were the Confirmation of Children, Private Baptism, Private Communion in cases of necessity, Kneeling in Communicating, the Observation of the Holy days of the Nativity, Passion, Resurrection, Ascension, and Pentecost. Those were also established in Parliament, Anno 1621. where the Marquis his Father was Commissioner, and managed that Affair so dex­terously, that it gained him an equal share of esteem and hatred, these things being generally very odious. As King Iames was going on warily in this design, he died, King Iames dies. lamented and admired by all the World; and even those who had irritated him most when alive, did bewail his Death with deep and just regrates.

He was succeeded in his Throne by his onely Son CHARLES the First, who was zealously conscientious for Episcopacy; King Charles goes on in hi [...] designs for the Church. so what his Fa­ther begun out of Policy, was prosecuted by him out of Conscience. The Bishops therefore were cherished by him with all imaginable ex­pressions of kindness and confidence; but they lost all their esteem with the People, and that upon divers accounts. The People of Scotland had drunk in a deep prejudice against every thing that savoured of Popery. Prejudices are conceived against the Bi­ [...]hops; This the Bishops judged was too high, and therefore took all means pos­sible to lessen it, both in Sermons and Discourses, mollifying their Opi­nions and commending their Persons, not without some reflections on the Reformers. But this was so far from gaining their design, that it abated nothing of the zeal was against Popery, they are char­ged with Po­pery, but very much height­ned the rage against themselves, as favouring it too much.

There were also subtile Questions started some years before in Hol­land about Predestination and Grace; and Arminius his Opinion, and Arminia­nism, as it was condemned in a Synod at Dort, so was generally ill reported of in all Reformed Churches, and no-where worse than in Scotland: but most of the Bishops, and their Adherents, undertook openly and zea­lously the defence of these Tenets. and breach of Sabbath. Likewise the Scotish Ministers and People had ever a great respect to the Lords Day, and generally the Mo­rality of it is reckoned an Article of Faith among them: but the Bi­shops not onely undertook to beat down this Opinion, but by their Practices expressed their neglect of that Day; and after all this they declared themselves avowed Zealots for the Liturgy and Ceremonies of England, which were held by the Zealous of Scotland all one with Pope­ry. Upon these accounts it was, that they lost all their esteem with the People.

[Page 30]Neither stood they in better terms with the Nobility, The Nobility became jealous of them. who at that time were as considerable as ever Scotland saw them; and so proved both more sensible of Injuries, and more capable of resenting them. They were offended with them, because they seemed to have more in­terest with the King than themselves had, so that Favours were mainly distributed by their recommendation; they were also upon all Affairs, nine of them were Privy Counsellours, divers of them were of the Ex­chequer, Spottiswood Archbishop of S. Andrews was made Chancellour, and Maxwell Bishop of Ross was fair for the Treasury, and engaged in a high rivalry with the Earl of Traquair, then Treasurer, which tended not a little to help forward their Ruine. And besides this, they began to pretend highly to the Tithes and Impropriations, and had gotten one Learmonth a Minister presented Abbot of Lindoris, and seemed con­fident to get that State of Abbots, with all the Revenue and Power belonging to it, again restored into the hands of Churchmen; design­ing also, that according to the first Institution of the Colledge of Justice, the half of them should be Churchmen. This could not but touch ma­ny of the Nobility in the quick, who were too large sharers in the Pa­trimony of the Church, not to be very sensible of it.

They were no less hateful to the Ministry, because of their Pride, which was cried out upon as unsupportable. Their Presby­ters dislike them. Great complaints were also generally made of Simoniacal pactions with their Servants, which was imputed to the Masters, as if it had been for their advantage, at least by their allowance. They also exacted a new Oath of Intrants, (besides what was in the Act of Parliament for obedience to their Ordi­nary) in which they were obliged to obey the Articles of Perth, and submit to the Liturgy and Canons. They were also making daily In­roads upon their Jurisdiction, of which the Ministers were very sensible; and universally their great rigour against any that favoured of Purita­nism, together with their medling in all Secular Affairs, and relinquish­ing their Dioceses to wait on the Court and Council, made them the object of all mens fury.

The Liturgy is appointed for Scotland. But that which heightned all to a Crisis was, their advising the King to introduce some Innovations in the Church by his own Authority▪ things had prospered so ill in General Assemblies, that they thought of these no more. And in the Parliament 1633. that small addition to the Prerogative, that the King might appoint what Habits he pleased to the Clergy, met vigorous opposition, notwithstanding the King seemed much concerned for it; those who opposed it being sharply taken up, and much neglected by His Majesty, which stuck deep in their hearts, the Bishops bearing all the blame of it.

At this time a Liturgy was drawn for Scotland, or rather the English reprinted with that Title, save that it had some Alterations which ren­dred it more invidious and less satisfactory; and after long consulting about it and another Book of Canons, they were at length agreed to, that the one should be the form of the Scotsh Worship, and the other the Model of their Government, which did totally vary from their former Practices and Constitutions: and as if all things had conspired to carry on their Ruine, the Bishops not satisfied with the general High Commissi­on Court, produced Warrants from the King for setting up such Com­missions in their several Dioceses, in which with other Assessors, Mi­nisters, and Gentlemen, all of their own nomination, they might punish offenders.

[Page 31]That was put in practice onely by the Bishop of Galloway, who though he was a pious and learned man, yet was fiery and passionate, and went so roundly to work, that it was cried out upon as a yoke and bondage which the Nation was not able to bear.

And after all this the King (advised by the Bishops) commanded the Service-book to be received through Scotland, and to be read according to the new book at Edinburgh on Easter-day in the year 1637. yet by the Council it was delayed till the 23th of Iuly: A Tumult at reading Di­vine Service. but then it met with a tumult from Women and the meaner sort of people, whom though none owned in that Attempt, yet there wanted not enough who suspected them to have been set on by others. However certain it was, that the constant Discourse of the discontented Ministers and Noblemen was, that Popery was to be introduced, and Liberties like to be destroyed, and the Bishops to blame for all. By such Insinuations it was, that the People were animated unto an unparallelled Fury, so that they threw Stools at the Dean of Edinburgh when he begun to read the Service, and interrupted it often, notwithstanding all the means used by the Lords of Council and Magistrates of Edinburgh to hinder it. The Lords of Council, as they complained to the King of this Disorder, so they spared not to lay the greatest blame of it upon the Bishops, which ap­pears from the following Letter, written by the Earl of Traquair to the Marquis.

My Noble Lord,

AT the meeting of the Council here at Edinburgh the 23th of this instant, Traquair 's Let­ter about the occasion of the Troubles. we found so much appearance of Trouble and Stir like to be amongst people of all qualities and degrees, upon the urging of this new Service-book, that we durst no longer forbear to acquaint His Majesty therewith, and hum­bly to represent both our Fears, and our opinions how to prevent the Danger; at least our opinions of the way we would wish His Majesty should keep there­in, or before he determine what course to take for pacifying of the present Stir, or establishing of the Service-book hereafter; wherein all I will presume to adde to what the Council hath written, is to intreat your Lordship to recommend to His Majesty, that if he be pleased to call to himself any of the Clergie, he would make choice of some of them, of the wisest and most calm Dispositions; for certainly some of the leading men amongst them are so violent and for­ward, and many times without ground or true judgment, that their want of right understanding how to compass business of this nature and weight, does often breed us many difficulties, and their rash and foolish Expressions, and sometimes Attempts, both in private and publick, have bred such a Fear and Iealousie in the hearts of many, that I am confident, if His Majesty were rightly informed thereof, he would blame them, and justly think, that from this and the like proceedings arises the ground of many Mistakes amongst us. They complain that the former Ages have taken from them many of their Rents, have robb'd them of their Power and Iurisdiction, and even in the Church it self and Form of Gods Worship have brought in some things that require Re­formation: but as the deeds of these Times, at least the beginnings thereof, were full of notour and tumultuary disorder, so shall I never think it will prove for the good either of Gods Service or the Kings, by the same ways or manner of dealing to press to rectifie what was then done amiss. We have a wise and judicious Master, who will (nor can) urge nothing in this poor Kingdom, which may not be brought to pass to his contentment: and I am most confident, [Page 32] if he shall be graciously pleased to hear his faithful Servants inform him of the Truth, he shall direct that which is just and right; and with the same as­surance I dare promise him Obedience. The interest your Lordship has in this poor Kingdom, but more particularly the Duty you owe to His Majesty, and the true respect I know you have ever carried to His Majesties Honour, and the good of his Service, makes me thus bold to acquaint your Lordship with this business, which in good faith is by the folly and misgovernment of some of our Clergie-men come to that height, that the like has not been seen in this King­dom of a long time. But I hope your Lordship will take in good part my true meaning, and ever construct favourably the actions of

Your loving faithful Friend, and humble Servant, TRAQVAIR.
Edinburgh, Aug. 27.

After all inquiry was made, it did not at all appear that any above the meaner sort were accessory to that Tumult, the sequel where­of in the Afternoon had almost been Tragical, not onely to the Bishop of Edinburgh, but to the Earl of Roxburgh, for having him in his Coach. But His Majesty, though he was willing to be gentle to the Transgres­sours, yet continued firm to his former Resolutions, of having the Li­turgy and Book of Canons established. In October thereafter a new Tu­mult fell out in Edinburgh, against the Earl of Traquair and some of the Bishops, whom the People in their fury went about to have killed: up­on which by Proclamation the Council and Session, and other Courts, were removed from Edinburgh.

Hereupon the Earl of Roxburgh, who was then Lord Privy-Seal, went to Court, to give the King an account of Affairs: for all this time di­vers had petitioned the Council against these Books, complaining, they were contrary to Religion in the matter of them, and the Laws of the Land in the manner of bringing them in: but all he could procure was a Pardon for what was past, to such as should thenceforth live quietly, and that was proclaimed in December, but was far from giving satisfa­ction; for by this time the Malecontents were become considerable, and had formed themselves into a Body.

It was also studiously infused in the minds of all through Scotland, that the Bishops were introducing Popery, that many points of Popery were in these Books, and that the whole of them was both superstitious and illegal. This took mightily with the Vulgar, and the malecontent­ed Ministers began every-where to talk high in their Pulpits against the Bishops; they also formed themselves into a Body called the Table, where there were Deputies from the Shires and Burroughs, and a great many Noblemen and Ministers.

That which they pretended was the Security of Religion, They pretend the Security of Religion, and swear the Co­venant. with the preserving the Fundamental Laws and Liberties of the Land, the Honour of the King, and the defence of his Authority: and for this end it was judged fit and necessary to renew the Covenant made in King Iames his time against Popery, and signed by that King, with his Council and Family; which, according to the new draught, was made up first of King Iames his Covenant, next of a long Narrative of all Acts of Parlia­ment whereby the Reformed Religion was ratified; thirdly, of an Ad­dition [Page 33] wherein the late Innovations were sworn against, till they were judged in a free General Assembly, and declared also to be abjured in the old Covenant, as formally as if they had been expresly named in it: and all ended with a Bond of Defence for adhering to one another, in pursuing the ends of the Covenant. This was no sooner moved, but the advice took as if it had been an Oracle; so the Covenant was sworn, first at Edinburgh in the moneth of February, and then sent every-where through the Country, to get the example of those in Edinburgh imitated; which was accordingly done, not without great appearances of Devotion among all sorts of People, they pretending it was nothing but the preservation and purity of Religion they aimed at.

For the Covenant I judge it needless to insert it here, both because of its length, and that it is in the large Manifesto of the Affairs of this year, published in His Majesties Name: and therefore, that Book being both common, and of great Authority, I do not insert Papers at their length that are to be found there, and shall onely adde, that the Ori­ginals, and other authentick Justifications of that Declaration, are in my hands.

The Session or Term was held that Winter at Sterlin, but the Council sate often at Dalkeith within four miles of Edinburgh; which being then so full of People, it was not judged fit for the Council to withdraw too far from it. Petitions were often offered to the Coun­cil, encouraged from the Table, full of Complaints against the Bishops and the late Innovations; but they were as often rejected. Upon this the Earl of Traquair went to Court, and gave a full account both of the Petitions, the Humours, and the Strength of the Malecontents: and that all was occasioned by the Bishops misgovernment, and by the in­troducing the lately-authorized Books, with which scarce a Member of the Council (the Bishops onely excepted) was well satisfied; neither were all these cordially for them, for the Archbishop of S. Andrews from the beginning had withstood these designs, foreseeing how full of dan­ger the executing of them might prove. The Archbishop of Glasgow was worse pleased; but the Bishops of Ross, Dumblane, Brechin, and Gal­loway, were the great Advancers of them. Traquair represented also, that the Body of all Scotland was staggering, if not wholly alienated, from their Duty to the King, and that nothing could recover them out of this distemper, but assurances of His Majesties affection to the Protest­ant Religion, and of his aversion from Popery, together with the lay­ing aside of these Books, at least till better Times. At this time also the Covenanting Lords wrote to the Duke of Lenox, the Marquis of Ha­milton, and the Earl of Morton, who were then at Court, representing their Grievances, and desiring they would offer their Petition to His Majesty, which was humble enough, though full of Complaints against these Books; desiring they might be heard to object against them, of­fering under the highest pains to prove, they contained things both con­trary to Religion and the Laws of the Land.

But all the Earl of Traquair said was suspected, his prejudices against the Bishops being known. The opposition he had made the Bishops had rendered him hitherto very Popular in Scotland, and there want not grounds to suspect him a secret worker in this opposition to these Books, though he seems to have been far from cherishing any further designs.

[Page 34]All he could procure from the King was a Proclamation, The King pro­claims his firmness to the Protestant Re-Religion. Giving as­surance of His Majesties firmness to the Protestant Religion, and that great care was used in drawing the Liturgie; so that not onely it was not contrary to, but would prove a ready mean to preserve, the true Religion already recei­ved, and beat down all Superstition. Withall the King considering the dis­orderly Conventions had been to form Petitions against these Books, though they deserved a high Censure; yet His Majesty willing to impute that rather to a preposterous Zeal, than to any Disloyalty, therefore dispensed with them to all such as should thence forth retire, and return to their Obedience, where­upon these Conventions were in all time coming discharged under pain of Treason.

The Tumults grow.This was proclaimed at Sterlin the nineteenth of February, but was so far from giving satisfaction, that it proved a crisis to greater Confu­sion; for it met with a Protestation as it was proclaimed, sent from those of the Tables, who notwithstanding continued to sit in that Iunto. An Answer also came from the Duke of Lennox, and the other Lords at Court, directed only to three of the Lords of the Covenant in Scot­land, the Earls of Rothes, Cassils, and Montrose, wherein they wrote, that they had communicated their desires to His Majesty, who answer­ed, that as hitherto he had received all the Petitions they had offered to the Council; so he had considered them, and would declare His Royal Intentions about them. The Combustions continuing and grow­ing, the Council appointed a solemn Meeting to be the first of March at Sterlin, for a full examining of things that they might send their joint Advices to Court. This was likewise agreed to by the Lord Chancellour, who was then at Edinburgh, and undertook for himself, and the rest of the Clergy that were of the Council, to keep that Appoint­ment. The first of March came, but none of the Clergy kept the day (the Lord Bishop of Brechin only excepted:) an excuse came from the Lord Chancellour; but the necessity of Affairs pressed the Lords of the Council to go on: they continued four days consulting and debating about things, but after the third day Bishop Brechin left them, seeing in what Determinations they were likely to close. The issue of their Consulting was to send Sir Iohn Hamilton, the Justice-Clerk, to the King with Instructions, which follow as they are taken from the Ori­ginal yet extant.

INSTRUCTIONS from His MAJESTIES Coun­cil to the Lord Iustice-Clerk, whom they have or­dained to go to Court for His MAJESTIES ser­vice.

Instructions to the Justice-Clerk, concer­ning the rise and remedies of these Disor­ders.IN the first place you are to receive from the Clerk of the Council all the Acts past, since our meeting upon the first of March instant.

Item, You have to represent to his Majesty, That the Dyet of Council was appointed to be solemnly kept, by the advice of the Lord Chancellour, and remnant Lords of the Clergy, being at Edinburgh for the time, who assured [Page 35] us, that they should keep the Dyet precisely; but at our meeting at Sterlin, we received a Letter of excuse from the Lord Chancellour, which forced us to pro­ceed without his Lordships presence, or any others of the Lords of the Clergy, except the Bishop of Brechin, who attended us three days, but removed be­fore the closing of our Opinions anent the business.

Item, That immediately after we had resolved to direct you with a Letter of Trust to His Majesty, we did send our Letter to the Lord Chancellour, acquainting him with our proceedings, and desiring him to consider thereof, and if he approved the same, to sign them, and to cause t [...]e remnant Lords of the Clergy nearest unto him, and namely the Bishop of Brechin, who was an ear and eye Witness to our Consultations, to sign the same, and by their Letter to His Majesty to signifie their approbation thereof; or if his Lordship did find some other way more convenient for His Majesties Honour, and the Peace of the Country, that his Lordship by his Letter to the Lord Treasurer, or Privie-Seal, would acquaint them therewith, to the effect they might con­vene the Council for consulting thereabout.

Item, That you shew His Majesty, that His Majesties Council all in one voice finds, that the causes of the general Combustions in the Country, are the Fears apprehended of Innovation of Religion, and Discipline of the Kirk (established by the Laws of the Kingdom) by occasion of the Service-Book, Book of Canons, and High-Commission, and from the Introduction there­of, contrary to, or without warrant of the Laws of the Kingdom.

Item, You are to represent to His Majesty our humble opinion, That seeing as we conceive the Service-Book, Book of Canons, and High-Commission, (as it is set down,) are the occasion of this Combustion, and that the Sub­jects offer themselves, upon peril of their Lives and Fortunes, to clear that the said Service-Book and others foresaid, contain divers Points, contrary to the Religion presently professed, and Laws of the Kingdom, in matter and manner of Introduction; That the Lords think it expedient, that it be represented to His Majesties gracious Consideration, if His Majesty may be pleased to declare, as an act of his singular Iustice; that he will take trial of His Subjects Grievances, and the reasons thereof, in His own time, and in His own way, according to the Laws of this Kingdom; and that His Majesty may be pleased g [...]aciously to declare, that in the mean time he will not press nor urge His Subjects therewith, notwithstanding any Act, or War­rant made in the contrary.

And in case His Majesty shall be graciously pleased to approve of our hum­ble opinions, you are thereafter to represent to His Majesties gracious and wise Consideration, if it shall not be fitting to consult His Majesties Coun­cil, or some such of them as He shall be pleased to call to Himself, or allow to be sent from the Table, both about the time and way of doing of it.

And if His Majesty (as God forbid) shall dislike of what we have concei­ved most conducing to His Majesties Service, and Peace of the Kingdom, you are to urge by all the arguments you can, that His Majesty do not de­termine upon any other course, until some at least of His Council from this, be heard to give the reasons of their Opinions; and in this case you are likewise to represent to His Majesties Consideration, if it shall not be fitting and ne­cessary to call for His Informers, together with some of His Council, that in His Own presence, he may hear the Reasons of both Informations fully debated.

You shall likewise show His Majesty, that His Council having taken to their Consideration, what further was to be done for composing and settling of [Page 36] the present Combustion within the Kingdom, and dissipating of the Convoca­tions and Gatherings within the same, seeing Proclamations are already made and published, discharging all such Convocations and unlawful Meetings, the Lords, after debating, find they can do no further than is already done herein, until His Majesties pleasure be returned to this our humble Remon­strance.

Signed,
  • Traquair.
  • Roxburgh.
  • Winton.
  • Perth.
  • Wigton.
  • Kinghorn.
  • Lauderdale.
  • Southesk.
  • Angus.
  • Lorn.
  • Down.
  • Elphinston.
  • Napier.
  • J. Hay.
  • Tho. Hope.
  • Ja. Carmichael.
  • W. Elpinston.

These Instructions being afterwards transmitted to the Lords of the Clergy, were returned signed as follows,

  • St. Andrews.
  • Da. Edin.
  • Io. Dumblanen.
  • Tho. Gallovid.
  • Wal. Brechinen.

This was seconded by a private Letter to the King, signed by Tra­quair and Roxburgh, which follows copied from the Original.

Most Sacred Soveraign,

A Letter from Traquair and Roxburgh to the King.ALthough the miserable Estate of this poor Kingdom will be sufficiently understood by Your Majesty from this Gentleman, Sir John Hamil­ton's Relation; yet we conceive our selves in a special manner bound and ob­liged to represent what we conceive does so nearly concern Your Majesties Honour and Service; and therefore give us leave truly and faithfully to tell Your Majesty, that since the last Proclamation, the fear of Innovation of Religion is so apprehended by all sorts of Subjects from all corners of this Kingdom, that there is nothing to be seen here but a general Combustion, and all men strengthening themselves by subscribing of Bonds, and by all other means for resisting of that which they seem so much to fear. This is come to such a height, and daily like to encrease more and more, that we see not a probability of Force or Power within this Kingdom to repress this Fury, except Your Majesty may be graciously pleased, by some Act of Your Own, to secure them of that which they seem so much to apprehend, by the inbringing of the Books of Common-Prayer and Canons.

The way which the Subjects have taken and daily go about in the prosecution of their business is inexcusable, and no ways agreeable to the duty of good Sub­jects, but Your Majesty is wisely to consider what is the best and safest course for Your Own Honour and Peace of Your Government; and since Religion is pretended to be the cause of all, if it shall not be a safe course to free them at this time of Fears, by which means the wiser sort will be satisfied, and so Your Majesty enabled with less pain or trouble to overtake the Insolencies of any, who shall be found to have kicked against Authority.

We are the rather moved at this time to be of this opinion, that having found it the opinion, not only of those to whom Your Majesty wrote in parti­cular, [Page 37] (except of the Marquis of Huntley, who as yet is not come from the North:) but of most of the Noblemen, and men of respect within this King­dom: we find few or none well-satisfied with this business, or to whom we dare advise Your Majesty to trust in the prosecution thereof; and if any hav [...], or shall inform Your Majesty to the contrary, give us leave humbly to intreat Your Majesty, to be pleased to call them before Your Self, that in our pre­sence You may hear the reasons of both Informations fully debated. So pray­ing God to grant Your Majesty many happy days▪ and full contentment in all Your Royal designs, we humbly take our leave, and rest,

Your Majesties humble Servants, and faithful Subjects,
  • Traquair.
  • Roxburgh.
Sterlin March 5. 1638.

There was also (besides many private Letters recommending this bu­siness) a publick Letter written by the Council to the Marquis, which follows taken from the Original.

Our very Honourable good Lord,

WE finding the Subjects Fears and Stirs to encrease since the last Pro­clamation, did appoint by the Lord Chancellour, A Letter from the Council to the Marqui [...]. and other Lords of the Clergy, their Special Advice, a solemn Dyet of Council to be kept at Sterlin, on the first of March, where the Lord Chancellour, and other Lords of the Clergie, promised to be present to consult upon the growth of the pub­lick Evils and Remedies thereof, for His Majesties Honour and Peace of this Country; but having met at Sterlin, we received a Letter of excuse from the Lord Chancellour, and were forced to proceed without him, and the other Lords of the Clergy; where, after we had spent four days in advising upon the said Evils and Remedies of them, we resolved in end to direct Sir John Hamilton of Orbiston, one of our number, with a Letter of Tru [...]t from us to His Majesty, to whom we have imparted our Opinions, and Rea­sons of the said publick Ills, and Remedies of the same, to be represented to His Sacred Majesty; and because the business is so weighty and important, that in our opinion the Peace of the Country was never in so great hazard, we have thought fit to recommend the business to your Lordships consideration, that after your Lordship has heard the Iustice-Clerk therein, your Lordship according to your great interest in His Majesties Honour and Peace of the Kingdom, may concur by your best advice and assistance at His Majesties hands to bring these great and fearful Ills to a happy event. So committing your Lordship to the Grace of God, we rest

Your Lordships very good Friends▪
  • Traquair.
  • Roxburgh.
  • Winton.
  • Perth.
  • Wigton.
  • Kinghorn.
  • Lauderdale.
  • Southesk.
  • Angus.
  • Lorn.
  • Down.
  • Elphinston.
  • Napier.
  • J. Hay.
  • Tho. Hope.
  • J. Carmichael.
  • W. Elphinston.
Sterlin March 5. 1638.

[Page 38]The Covenanters also wrote again to the Scotish Lords at Court, desiring Liberty to send up one to represent their Grievances; for they doubted the Council did not use them well, and one of them wrote very peremptorily to the Marquis, That they were resolved rather to ha­zard the whole Business, than change a word of their Petitions, and that they would quit their Lives, if they got not granted to them what they de­sired.

The King re­solves to send the Marquis Commissioner to Scotland.The Justice-Clerk being thus instructed came to London, where, af­ter he had discharged himself of his Trust, His Majesty partly doubting his Council, partly hoping the Authority of a Commissioner might qua­lifie the Peoples fury not a little, resolved to chuse one; and about this he made no long Deliberation, but presently set his thoughts on sending the Marquis to Scotland for that Service: and it was the opi­nion of all, that a fitter choice could not have been made, both be­cause of his Quality and Kindred, as also that he was at this time free of all Jealousies; for his course heretofore had been more like a Cour­tier than a Statesman, so that he was untouched with the sus [...]icions of what had been hitherto done, his Advice having scarce ever been called for, so he was fitter to treat with that Party; but chiefly his tem­per was so obliging and insinuative, that none alive was more able to gain people to Rea [...]on, and to manage their Spirits than he was.

It is alledged that some moved the imploying my Lord Huntley for this Service, but no vestige of such a motion appears; and if it was made, it could not take with the King, who at that time knew not Huntley well: and since the King designed to try all could be effectu­ated by Treaty, there was not a person so unfit for it as the Marquis of Huntley; for his Family being always odious to that Party, and himself all his life suspected of Popery, he had been a very improp [...]r person to be imployed for drawing those sinistrous Jealousies out of the Subjects minds: But His Majesty confiding as well in the Marquis his Abilities, as trusting to his Fidelity, was resolved on the Choice, and did first communicate it to himself: he told His Majesty, That Life and Fortune, and all he had, he would never stick to hazard for his Ser­vice; but this Imployment was full of danger, the success of it was at least dubious, and he was very much a stranger to Scotish Men and Affairs; and he could not but foresee, how it should endanger his losing what next his Sal­vation he valued most, which was His Majesties Favour; however he was absolutely at His Majesties disposal.

My Lord Lorn eldest Son to the Earl of Argyle, and after him Earl Traquair, and divers of the Nobility, came to Court at this time, who were also followed by some of the Clergy. The Covenanters made likewise a new Address to the Scotish Lords at Court, full of Complaints of the harsh usage they had met with from the Council, together with their Grievances; which Paper, with their Letter dated the 28 th of April, is extant, Signed, Rothes, Cassils, and Montrose, consisting of Eight Articles.

[Page 39]

ARTICLES for the present Peace of the Kirk and and Kingdom of Scotland.

IF the Question were about such matters as did come within the compass of our own power, we would be ashamed to be importunate, and should be very easily satisfied without the smallest trouble to any; but considering tha [...] they are the matters of Gods honour, of the Kingdom of Christ, and the peace of our Souls, against the Mystery of Iniquity, which we clearly per­ceive to have been uncessantly working in this Land since the Reformation, to the ruine of true Religion in the end; it cannot stand with our duty to God, to our King, to our Selves and Posterity, to crave or be content with less, than that which the Word of God, and our Confession of Faith doth allow, and which may against our Fears establish Religion afterwards.

The discharging of the Service-Book, the Book of Canons, and of the late I High Commission, may be a part of the satisfaction of our humble Supplica­tions, and just Complaints, which therefore we still humbly desire; but that can neither be a perfect Cure of our present Evils, nor can it be a Preserva­tive in time to come.

When it is considered what have been the Troubles and Fears of His Ma­jesties II most loyal Subjects from the High Commission, what is the nature and constitution of that Iudicatory, how prejudicial it proves to the lawful Iudi­catories of the Kirk and Kingdom, how far it endangers the Consciences, Liberties, Estates and Persons of all the Lieges, and how easily, and far more contentedly all the Subjects may be keeped in order, and obedience to His Ma­jesties just Laws, without any terrour of that kind; we look that His Maje­sties Subjects, who have been used to obey according to the Laws, shall be alto­gether delivered from the High Commission, as from a yoke and burden, which they feel and fear to be more heavy than they shall be ever able to bear.

Remembring by what wayes the Articles of Perth were introduced, how III strangely and with what opposition they were carried in the Assembly, upon what Narrative they were concluded, how the Ratification in Parliament was not desired by the Kirk, but earnestly supplicated and protested against, how they have been introductory of the Service-Book, whereof now they are become Members, and in their nature make way for Popery, (whatsoever hath been the intentions of the Vrgers;) and withall, what Troubles and Divisi­ons they have caused these twenty years in this Kirk and Kingdom, and what Iealousies between the Kings Majesty and His Subjects, without any Spiritual profit or edification at all; as we can see no reason why they should be urged by Authority, so can we not find, but we shall be more unable to di­gest them than in the beginning, when we had not as yet tasted, and known how bitter and unwholsome they were.

The Iudgements of the best Divines of the Reformed Kirks, and of the IV most Pious and Learned of this Kirk since the Reformation, concerning the Civil Places and Offices of Kirkmen, and concerning the Vote of Ministers in Parliament, have been made known in divers general Assemblies; which moved the Assemblies of this Kirk, when they could not by their modest op­position prevail to limit the Ministers that were to Vote in Parliament, by any particular Cautions agreed upon at first, and ordained to be inserted in the [Page 40] Act of Parliament, and by other Cautions to be made afterward, as t [...]e As­sembly should find meet and necessary: and therefore, if we will declare our minds, after lamentable experiences of the Evils which were then foreseen, feared, and foretold, we cannot see how Ministers voting in Parliament, ab­solutely without the limitation of these Cautions, can be thought fit to Vote in the name of the Kirk.

V We have no Grievance more universal, more ordinary, and more pressing, than that worthy men, who have Testimonies of their Learning from Vniver­sities, and are tried by the Presbyteries to be qualified for the Work of the Ministery, and for their Life and Gifts earnestly desired by the whole People, are notwithstanding rejected because t [...]ey cannot be perswaded to Subscribe and Swear such unlawful Articles and Oaths, as have neither warrant of the Acts of the Kirk, nor Laws of the Kingdom, and others of less worth, and ready to Swear for base respects, unworthy to be mentioned, are obtruded up­on the People, and admitted to the most eminent Places of the Kirk, and Schools of Divinity, which causes continual Complaints, makes the People run from their own Kirks, refuse to receive the Sacrament at the hands of the Ministers set over them against their hearts, or to render them that Ho­nour which is due from the People to their Pastors, and is a mighty hin­drance to the Gospel, to the Souls of the People, and to the Peace of the whole Kirk and Kingdom; all which might be easily helped, by giving place to the 114 Act of Parliament, 1592. declaring, That God hath given to the Spi­ritual Office-bearers of the Kirk Collation and Deprivation of Ministers, and ordaining that all Presentations to Benefices be directed to particular Pres­byteries in all time coming, with full power to give Collation thereupon, they being the lawful Office-bearers of the Kirk, to whom God hath gi [...]en that right; which therefore, never was nor can be taken from them, and so con­ferred upon others, at that they shall be quite secluded therefrom.

VI The lawful and free National Assemblies of this Kirk, warranted by Di­vine Authority, ratified by Acts of Parliament, keeped in other Reformed Kirks, and in this Kirk since the Reformation, and acknowledged by King James to be the most necessary means for preservation of Piety and Vnion, and for extermination of Heresie and Schism, (who willed therefore, that the Act of Parliament for convening the General Assemblies once in the year should stand in force;) if they were revived, and by His Majesties Authority appointed to be keeped at the ordinary times, and if one at His Majesties first opportunity, and so soon as may be conveniently, should be indicted, Kirkmen might be tried in their Life, Office, or Benefice, and keeped in order without trouble to His Majesty, and without offence to the People, the present Evils might be speedily helped, to His Majesties great honour and content, and to the preservation of the Peace of the Kirk, and these courses might be stopped after­wards: and on the contrary, while Kirkmen escape their due Censure, and matters of the Worship of God are imposed without the consent of the free As­semblies of the Kirk, they will ever be suspected to be unsound and corrupt, as shunning to be tried by the Light, to the continual entertaining of heart-burnings amongst the People, and to the hindrance of that chearfulness of obedience which is due, and from our Hearts we wish may be rendred to the Kings Majesty.

VII If according to the Law of Nature and Nations, to the Custom of all o­ther Kingdoms, and the laudable example of His Majesties worthy Proge­nitors, in the like cases of National Grievances, or of Commotions and Fears of a whole body of a Kingdom, His Majesty should be graciously pleased to [Page 41] call a Parliament, for the timeous hearing and redressing of the just Grievan­ces of the Subjects, for removing of their common Fears, and for renewing and establishing such Laws, as in time coming may prevent the one and the other, and may serve to the good of the Kirk and the Kingdom, that the Peace of both might be firmly settled, and mens minds now so awakened might be easily pacified; and all our Tongues and Pens are not able to represent, what would be the joyful Acclamations, and hearty Wishes of so loyal and loving a People, for His Majesties Happiness, and how heartily bent all sorts would be found to bestow their Fortunes and Lives in His Majesties Service.

The more particular Notes of all things expedient for the well of the Kirk VIII and Kingdom, for His Majesties honour and satisfaction, and for extin­guishing of the present Combustion, may be given in to be considered in the Assembly and Parliament.

Those Bishops who stayed in Scotland sent up also one Learmonth to the Archbishop of Saint Andrews then at London, with their Complaints and Grievances, which are also set down according to the Original.

ARTICLES of Information to Mr. Andrew Lear­month, for my Lord Archbishop of Saint Andrews, the Bishop of Ross, &c. and in their absence, for my Lord Archbishop of Canterbury his Grace.

YOu shall show their Lordships, How they have changed the Moderator I of the Presbytery of Edinburgh, The Com­plaints of the Clergy. and are going on in changing all the Moderators in the Kingdom.

How they have abused Doctor Ogstone the ninth of May in Edinburgh, II Mr. George Hannay at Torphichen the sixth of May, Doctor Lamond at Markinch the ninth of May, Mr. Robert Edward at Kirkmichael, whom Kilkerrin is forced to entertain at his own House.

That the Presbytery of Hadingtown have given Imposition of Hands to III Mr. John Ker's Son, to be his Collegue, without the knowledge of the Bishop; and likewise the Presbytery of Kircaldy to Mr. John Gillespy's Son, to the Church of the Weemes; and the Presbytery of Dumfrice, to one Mr. John Wier, to the Church of Morton within two miles of Drumlanerick; and that they of Dumfermline have admitted Mr. Samuel Row (a Minister ba­nished from Ireland) to be helper to Mr. Henry Mackgill; and they of Air Mr. Robert Blair, to be helper to Mr. William Annand; and that the Town of Dumfrice have made choice of Mr. James Hamilton to be their Mi­nister; and the Town of Kirkudbright one Mr. John Macklennan, all of them banished from Ireland; and Mr. Samuel Rutherford is returned and settled in his Place; and they intend to depose Mr. John Trotter, Minister at Dirleuton; and how they intended to use the Regents.

That the Council of Edinburgh have made choice of Mr. Alexander IV Henderson to be helper to Mr. Andrew Ramsay, and intend to admit him without advice or consent of the Bishop.

That the Ministers of Edinburgh, who have not subscribed the Covenant, V [Page 42] are daily reviled and cursed to their Faces, and their Stipends are withheld and not payed; and that all Ministers who have not subscribed are in the same case and condition with them.

VI That they hound out rascally Commons on men who have not subscribed the Covenant, as Mr. Samuel Cockburn did one John Shaw at Leith.

VII That His Majesty would be pleased by his Letters, to discharge the Bishop of Edinburgh to pay any Prebend-fee, to those who have subscribed the Co­venant; as also by His Royal Letters to discharge the Lords of Session, to grant any Process against the Bishop for their Fees.

VIII That His Majesty would be pleased in the Articles of Agreement with the Nobility, to see honest men, who shall happen in this tumultuous time to be deposed from their Places, restored and settled in them, and others that are violently thrust in, removed; and that the wrongs done to them be re­paired.

IX That if it shall happen His Majesty to take any violent course for repressing these Tumults and Disorders, (which God forbid) that in that case their Lordships would be pleased to supplicate His Majesty, that some speedy course may be taken for securing of the persons of these honest men, who stand for God and His Majesty.

Signed,
  • Da. Edin.
  • Ja. Dumblanen.
  • Ja. Lismoren.
  • Ja. Hannay.
  • Da. Michell.
  • Da. Fletcher.

The King re­solves to gain his Subjects by redressing their Grie­vances,All these matters being considered, though there were grounds e­nough to have provoked a less Gracious Prince to have proceeded a­gainst the Covenanters by the extreme course of Rigour and Authori­ty, and there were some who advised him to it; yet such was his in­nate love to that His Ancient and Native Kingdom, that he resolved to leave no mean unessayed, before he should proceed to a Rupture with them: He also well foresaw, that it would not prove so easie a Work, as some would have perswaded him, the greatest part on the South of Tay being confederate, and resolved to stand to their De­fence at all hazards; neither was England too well fixed in their obe­dience, as the following Wars did sadly prove, and so there were small grounds to expect any heartiness from them for such a Work.

and calls the Bishops to his Closet.All this being weighed, His Majesty called to His Closet the Archbi­shops of Canterbury and St. Andrews, and the Bishops of Galloway, Brechin, and Ross, the Marquis being there before they came, and to all these the King declared the choice he had made, and that he intended to send the Marquis to Scotland, with the Character of High Commissioner, for establishing the Peace of the Country, and the good of the Church. St. Andrews said, he approved the Choice, and hoped for good suc­cess. My Lord of Canterbury asked why His Majesty had called him; the King said, to be a Witness of what was done, and because he had been before acquainted with the proceedings of that business, he was also to be informed of what passed thereafter. Then the Marquis desired to know, what the Bishops expected he could doe; they answered, no­thing but procure the Peace of the Country, and good of the Church: he desired they would contribute their assistance for reclaiming the [Page 43] Ministery, who were once conformable; and for the Ministers that were censured, but were now stirring, he should deal with them. They an­swered, their power was small at that time, and their danger great, and so inclined to stay still at London; but that was overruled, the Marquis undertaking, that so far as in him lay he should stand betwixt them and danger. The Archbishop of Canterbury said much and well on this head; so it was agreed that they should go home. Next, the King ex­pressed, how necessary he conceived it was that every one of them should live in their own Diocese: Canterbury seconded this, and the Bi­shops acknowledged it was the best way. Much was said concerning General Assemblies, and that Ecclesiastical matters ought to have been introduced by them; and the Marquis was ordered to give assurance, that in all time coming nothing substantial should be introduced in the Church, but by them. Much debate passed about the Oath of ad­mission of Ministers, and it was concluded, it should be no other than what was warranted by the Law; and the Bishops were required to be sparing and moderate for the present both in urging that, and the Cere­monies. All this His Majesty concluded with his wishes for good suc­cess, adding, that the Marquis had been so far from seeking this Imploy­ment, that he had commanded him much against his will to undertak [...] the journey.

This was in the beginning of May, and upon the 7th of May Letters were directed to Scotland, giving notice of the Resolutions taken to the Nobility: the Marquis wrote also to all his Friends and Dependers to meet him at Hadington the 5th of Iune. The next thing that was taken into consideration was the drawing up of his Instructions.

A Commission in the ordinary form being first drawn, there were two Proclamations signed by the King, both which are extant, the one writ­ten with the Earl of Traquair's hand, the other by the Marquis; the first whereof follows.

CHARLES R.

CHARLES by the Grace of God King of Scotland, England, The Procla­mation sent by the Marquis. France and Ireland, Defender of the Faith, to our Lovits, our Sheriffs in that part, conjunctly and severally, specially constitute, Greeting.

Forsamiekle as We are not ignorant of the great Disorders which have hap­pened of late within this Our ancient Kingdom of Scotland ▪ occasioned (as is pretended) upon the introduction of the Service-book, Book of Canons, and High Commission, thereby fearing Innovations of Religion and Laws; for sa­tisfaction of which Fears We well hoped, that the two Proclamations of the eleventh of December, and nineteenth of February, had been abundant­ly sufficient: nevertheless finding, that Disorders have daily so increased, that a powerful rather than a persuasive way might have been justly ex­pected from Vs; yet We, out of Our innate Indulgence to Our People, grieving to see them run themselves so headlong into Ruine, are graciously pleased to try if by a fair way We can reclaim them from their faults, rather than let them perish in the same. And therefore once for all, We have thought fit to declare, and hereby to assure all Our good People, that We neither are, were, nor (by the Grace of God) ever shall be stained with Popish Superstition, but by the contrary are resolved to maintain the true Protestant Christian Re­ligion, already professed within this Our ancient Kingdom▪ And for further [Page 44] clearing of Scruples, We do hereby assure all men that We will neither now nor hereafter press the practice of the aforesaid Canons and Service-book, or any thing of that nature, but in such a fair and legal way as shall satisfie all Our lo­ving Subjects, that We neither intend Innovation in Religion or Laws; and for the High Commission, We shall so rectifie it, with the help of advice of Our Privy Council, that it shall never impugn the Laws, nor be a just Grievance to Our Loyal Subjects. And as hereby it may appear how careful. We are to sa­tisfie the foresaid Fears (how needless soever) of Our good Subjects[*]. So We do hold Our Selves obliged both in Conscience and Honour, to hinder the course of that which may prejudge that Royal Authority, which God has endued Vs with; wherefore, understanding that many of Our Subjects have run themselves into seditious and undutiful courses, and willing to reduce them rather by a be­nign, than forcible mean, (because We hope that most of them are drawn thereto, blindly out of fear of Innovations) are content hereby to declare, and promise upon the Word of a King to pardon what is past, and not to take notice of the by-gone faults, no not so much as of those factious and seditious Bonds, up­on condition that they seek to Our Mercy by disclaiming the same, and in testi­fication of the true sense of their Misdemeanors, that they deliver up, or continu [...] with their best endeavours to procure the delivering up, of the said Bonds into the hands of Our Council, or such as Our Council shall appoint: Declaring al­ways, likeas We by these presents do declare, all these to be esteemed and reputed as Traitors in all time coming, that shall not renounce and disclaim the said Bond or Bonds, within after the publication hereof; that is to say, Whosoever will from henceforth be thought a good Subject, and capable of Our Mercy, must either deliver up the same, in case he have it, or concur with his best endeavours to the del [...]vering up thereof, or at least must come to some of Our Privy Council, or chief Officers in Burgh or Land, and testifie to him, that he renounces and disclaims the said Bonds. Our Will is therefore, and We charge you straitly and command, that incontinent this Our Lette [...] seen, &c.

C. R.

The other Proclamation penned by the Marquis agrees with the former to the place that is marked [*]; after which it follows thus.

Another Pro­clamation.So We expect that their behaviour will be such, as may give testimony of their Obedience, and how sensible they are of Our Grace and Favour, that thus pass over their Misdemeanours, and by their future carriage make appear, it was one­ly the fear of Innovations that caused those Disorders that have happened of late in this Our Kingdom, which now cannot but by this Our Declaration be removed from the hearts of Our loving Subjects: but on the contrary, if we find not this performed with that chearfulness and alacrity that becomes good and obedient Subjects, We declare and hold Our Self obliged in Honour and Con­science, to make use of those forcible means which God hath armed Royal Au­thority with, for the curbing of disobedient and stubborn People. Our Will therefore is, and we charge you, &c.

C. R.

[Page 45]And by another Paper His Majesty left it to the Marquis his choice, whether of the two he should make use of, as he found it might tend to His Service; but withall, if he made use of the second, and it gave no satisfaction, so that within 6 Weeks, most of the Bonds were not deli­vered up, upon his desiring them to doe so, then he should publish ano­ther Proclamation, Declaring the Covenanters Traitors if within 5 days they came not to accept of Mercy, and deliver up the Bonds, if they were in their power.

And so a third Declaration penned by the Chancellour was laid aside, onely it is extant, marked by the Kings Hand on the back, and there­fore shall be set down here.

WHereas we were in hope by Our late Proclamations to have given sa­tisfaction to Our People, and to have removed their Mistakings of the Book of Common-prayer, which We caused to be published, having thereby de­clared, that it never entred into Our thoughts to make any Innovation in Re­ligion and Form of Gods Worship, nay, not to press the said Books upon any of Our Subjects, till by a fair way they were induced to approve the same; yet having understood, that to the contrary (by what means We know not) occasi­ons have been taken to confirm them in their former Mistakings, and to bind them by the Oaths and Subscriptions against the Laws established by Our dear Fa­ther of blessed memory, and ratified by Our Selves since Our coming to the Crown: howsoever there is in that more than just cause offered to take punish­ment of such an open Contempt and Rebellion, yet considering that this is not the fault of the simple sort and multitude of People, who have been seduced through specious pretexts, as if nothing were contained in the said Bond or Co­venant, as they call it, but the promoting of Gods Glory, the maintaining of Our Honour, and Liberty of the Country, with the preserving of Vnity among themselves, We no way willing to use Our People with rigour, or to enquire se­verely into their errors of that kind, have thought meet to renew Our former Declaration, by assuring them, and every one of them, that Our constant Re­solution is, and hath been, to maintain the true Religion professed and esta­blished by the Laws of that Our Kingdom, without any Change or Innovation, at the hazard of Our Life and Crown, and that We will not force on Our Subjects either the said Book of Common-prayer, or Book of Canons, till the same be duly examined, and they in their Iudgments satisfied with the legality thereof; nor will We permit the exercise of any Commission upon them, for whatsoever cause, which may give unto them any just cause of Grief and Com­plaint. Willing therefore and requiring all Our People and Subjects to acqui­esce to this Our Declaration, and not suffer themselves to be misled by the private or publick Informations of turbulent spirits, as if We did intend any thing contrary to this Our Profession, having always esteemed it a special point of Royal Dignity, to profess what We intend to doe, and to perform what We do promise; certifying all Our good Subjects, who shall hereupon rest quiet in the obedience of God and Vs, that We will faithfully perform whatsoever We have declared, whether in this or in Our former Proclamations made to that purpose, and be unto them a good and merciful King: as on the other side, if any shall hereafter make business, and disturb the Peace of that Church and Kingdom, by following their private Covenants, and refusing to be ruled by the Laws established, that We will use the Force and Power, which God hath put into Our hands, for compescing and subduing such mutinous and disobedient Re­bels. Given at Our Palace of

[Page 46]
This is marked by the Kings Hand; Declaration made by the Chancellour.

Thus that wise Prelat foresaw well, how it would be easier to effectu­ate all that had been designed, than to get that alone of disclaiming the Covenant brought about; and therefore left that out in his draught of the Declaration. But the King was peremptory, saying,

That as long as that Covenant was not passed from, He had no more Power than the Duke of Venice.

For the Commissioners Instructions the Chancellour gave his Advice in writing, which was very closely followed. After that many parti­cular Questions were given in by the Marquis in writing, for Orders how to carry himself whatever might meet him in his Negotiation; to which he got positive Answers in writing from the King, which are ex­tant: and though the Material points in that Paper be to be found in the Instructions, yet this seems too considerable to be suppressed; and therefore it is set down in the very Form wherein it is in the Original, the Queries being written by the Marquis, and the Answers over against them by the King.

QUERIES whereunto Your MAJESTIES Dire­ction and Resolution is humbly prayed, that according­ly I may govern my self, and be warranted for my Proceedings.

1. IF before the publishing of the De­claration some of the chiefest of the Petitioners may not be prepared, and laboured to conceive aright of the same, and in general acquainted with Your Majesties gracious Intentions?
They may.
2. Where the first meeting of the Council shall be?
Where you shall find most convenient, the City of Edin­burgh only excepted.
3. If Your Majesty will not permit the Council to sit, where, and in such places as is conceived, may tend most for the advancement of Your Service?
Yes.
[Page 47]4. If the Declaration shall not be read to the Council, and they required to sign the same?
By all means.
5. If we shall not all swear to give our best assistance for the putting the same in due execution?
Yes.
6. If any Councellour refuse to doe it, what course shall be taken with him?
Dismiss him the Council.
7. If Acts of Council are not to be made, finding that this Declara­tion ought to free us of the fears of Innovations either of Religion or Laws?
Yes.
8. If all Councellours are not to be warned to give their attendance till the business be settled?
Yes.
9. If upon the publication of this Declaration there be Protestations made, what course shall be taken?
The Protesters must be pro­claimed Rebels.
10. If no Protestations but Peti­tions of new be presented, either de­manding further satisfaction, or ad­hering to their former, what Answer shall be made, or what course taken?
Vt supra.
11. If they remain still in a Body at Edinburgh or elsewhere, after the Declaration, what course shall be taken?
You must raise what Force you may to treat them as Re­bels.
12. If they should petition against the High Commission itself, as not to be introduced without an Act of Parlia­ment, what Answer shall be given?
That they mu [...]t be content with My Declaration in that point.
13. If against the matter contain­ed therein, it is then desired that those particulars may be expressed that will not be yielded to.
The settling thereof accor­ding to My Declaration will answer this.
14. If it be pressed that what is now concluded, concerning the High Commission be ratified in the next Par­liament, what Answer shall be given?
If I may be sure that a Par­liament will doe it, I shall be content.
[Page 48]15. If they Petition for a Con­vention, what Answer shall be gi­ven?
No Petition must be admit­ted till the Bond be broken; if after, you may grant it, leaving the time to Me.
16. If they petition for a General Assembly, that it may be once in the year, what Answer shall be given?
I will not be tied, but as I shall find cause.
17. If they petition that the Mini­sters Oath may be no other than that which the Act of Parliament doth order them to take, what Answer shall be gi­ven?
I and the Bishops will consi­der of it.
18. If they petition that the Five Articles of Perth may be held as in­different, what Answer shall be gi­ven?
I will hear of no Petition against an Act of Parliament.
19. If the Town of Edinburgh may not be dealt with apart to petition for Your Majesties Favour, and if they desire that the Council, Exche­quer, and Session may be returned them, what Answer shall be given?
Upon their full submission, and renouncing of the Bond, they may have their desires.
20. If the like course may not be ta­ken with some other principal Burghs?
As before.
21. If to gain some leading men from the Party, marks of Your Ma­jesties Favour may not be hoped for?
To some, I; to some, No.
22. If particular men desire ei­ther Acts of Council, or Pardons un­der the Great Seal, what shall be done?
Grant their desires.
23. What Service shall be used in the Chappel Royal?
The English.
24. If the Lords of Council and Session, shall at that time be pressed to receive Kneeling?
This is no time for a Com­munion, but when there is they must kneel.
25. If thought fit, what shall be be done to them that refuse?
Advise of it.
[Page 49]26. If all Acts of Council, that have injoyned the use of the Service-Book, Book of Canons, are not to be suspended, and declared of no force in time coming?
Yes.
27. How far Your Majesty will warrant me to declare Your Pleasure to the Lords of the Clergy, concerning their living within their Diocesses?
I shall do it My Self, but you may tell any of it.
28. How far I may declare Your willingness to give ear to and receive the private Complaints of Your Subjects in general, and in particular against any of the Bishops?
Refuse none.
29. If those Ministers (who have been by the Multitude displaced) are not again to be established?
They must▪
30. If in the Abbey-Church the use of the Organs shall be presently enjoyn­ed?
Yes.
31. If those Ministers formerly si­lenced may not for a time be connived at, and permitted to preach?
If they preach not Sedition.
32. If Your Majesty aim at more for the present, than establishing the Peace of the Country?
No more for the present.
33. If more, it is humbly desired, Your Majesty may be pleased to ex­press it?
When time shall be fit.
In execution of all which, or what else Your Majesty shall think fit to command, it is most humbly desired, that I may be so warranted, that the labouring to put them in execution may not turn to my Ruine, nor ha­zard the losing of Your Majesties Fa­vour, dearer to me than life?
You shall.

The whole Instructions were signed the 16 th of May, which follow taken from the Original.

[Page 50]
CHARLES R.

I BEfore you publish the Declaration which We have signed, you shall require all the Council to sign it, and if you find that it may conduce to Our Ser­vice, you shall make all the Council swear to give their best assistance in the execution of the same: but this of putting them to their Oaths, We leave to your discretion, to doe as you shall find occasion; but if you shall find it fit to put them to their Oaths, those that refuse must be dismissed the Council till Our fur­ther Pleasure be known.

II We give you power to cause the Council to sit in what soever place you shall find most convenient for Our Service, Edinburgh onely excepted, and to change the Meeting thereof as often as occasion shall require.

III You may labour to prepare any of the refractory persons to conceive aright of Our Declaration before it be published, so that it be privately and under­hand.

IV You are to get an Act of Council to pass, to declare, that this Declaration of Ours ought to free all honest Subjects from the fears of Innovations of Religi­on or Laws: but this you are not to propose publickly except you be sure to car­ry it.

V If any Protestation be made against Our Declaration, the Protesters must be reputed Rebels, and you are to labour to apprehend the chiefest of them.

VI If Petitions be presented to demand further satisfaction than that We have already given by Our Declaration, you are to receive them, and to give them a bold Negative, both in respect of the Matter and the Form, as being presented from a Body which you are no ways to acknowledge.

VII If it should be objected against the High Commission, that it ought not to be introduced but by Act of Parliament: your Answer must be, that We found it left Vs by Our Father, and therefore We mean to continue it, having first re­gulated it in such a way, that it shall be no just Grievance to Our Subjects, or against Our Laws; and when there is a Parliament, We shall be content that i [...] be ratified as We shall now rectifie it.

VIII If after the limited time in Our Declaration a Body remain at Edinburgh, or elsewhere, you must raise what Force you can to di [...]sipate, and bring them un­der Our Obedience.

IX As soon as the Peace of the Country will permit, you are to call a General Assembly for settling of a constant and decent way for Gods Worship; We ha­ving resolved to call them, or to permit them to be as often as occasion shall re­quire; We likewise intending to have a Parliament, to ratifie what shall be condescended on at the Assembly.

X You may say, the Bishops shall impose no other Oath upon Ministers at their Admission, but what is warranted by Act of Parliament.

XI You are to give direction that the same Service be used in Our Chapel Royal, that was before the enjoyning of the Service-book.

XII You must admit of no Petition against the 5 Articles of Perth, but for the present you are not to press the exact execution of them.

XIII Whenever the Town of Edinburgh shall depart from the Covenant, and pe­tition for Our Favour, We will that you bring back the Council and Session to it.

XIV You shall deny no Pardons nor Acts of Council to any particular persons that shall desire the same for their security.

XV Some marks of Favour We may be moved to give to particular persons that may deserve the same.

[Page 51]All Acts of Council that enjoyn the use of the new Service-book are to be sus­pended, and to be of no force hereafter.

You shall declare Our pleasure to Our two Archbishops, (as soon as the Coun­try XVI is any way settled) that it is Our Pleasure, that every Bishop shall live with­in XVII his own Diocess, except upon his own urgent occasions, or that he be com­manded from Vs, or the Council, to attend there for Our Service, which I intend as seldom as may be.

You shall refuse Complaints against no man in particular, whether Officers XVIII of State, Councellours, or Bishops, so that it be against their Persons and not their Places.

All those Ministers who have been displaced by the seditious Multitude, are XIX to be (so soon as conveniently may be) repossessed again as they were.

As for silenced Ministers, you may connive at their Preaching, if you find it XX may tend to the quieting of the Country.

For the Organs in the Abby-Church, We leave them to your discretion when XXI to be used, and to advertise Me of your opinion.

You are to cause insert 6 Weeks in Our Declaration for the delivery up of XXII the Covenant, and if you find cause, less.

You shall declare, that if there be not sufficient Strength within the King­dom XXIII to force the refractory to Obedience, Power shall come from England, and that My Self will come in Person with them, being resolved to hazard My Life rather than to suffer Authority to be contemned.

If you shall find cause, you are to raise a Guard of 200 or more to attend Our XXIV Council.

You may treat with the Earl of Marr for the keeping of Our Castles of Edin­burgh XXV and Sterlin, and for the present he must be charged with their safe Custody.

You shall take seriously into consideration the Copper-coyn, and declare Our XXVI willingness to remedy the Evils that have risen thereby; or what else the Sub­jects may justly complain of.

You may declare, that as We never intended to assume the Nominating the XXVII Provost of Our Town of Edinburgh, so We mean not by Our too frequent Let­ters to hinder the free Election of their own Officers.

You may likewise declare, (if you find cause) that as We never did, so by Gods XXVIII Grace We never will stop the course of Iustice by any private directions of Ours; but will leave Our Lords of Session, and other Iudges, to administer Iustice as they will be answerable to God and Vs.

If you cannot by the means prescribed by Vs bring back the refractory and se­ditious to due Obedience, We do not onely give you Authority, but command all hostile Acts whatsoever to be used against them, they having deserved to be used no other way by Vs, but as a Rebellious People; for the doing whereof We will not onely save you harmless, but account it as acceptable Service done Vs.

Such of these Instructions, as you shall find cause, We give you leave to di­vulge and make use of as you find Our Service shall require.

C. R.
At Whitehall the 16th May, 1638.

All things being thus expeded, he took leave a few days after, The Marqu [...] goes for Sco [...] ­land, His Majesty having ordered him to write often to himself, and to my Lord of Canterbury, he being the onely English person trusted with the secrets of that business. The Earl of Sterlin was then Secretary of State for [Page 52] Scotland; but as the Copper-coyn made him at that time odious there, so he was little esteemed in the Court, and not at all imployed in Af­fairs, except in matters of course. Sir Henry Vane and the Marquis had contracted a Friendship in the Swedish Camp, and so did keep a Cor­respondence; yet that was most about accounts of the posture the King was in in England, and what he could do by Force if Treaty could not prevail. But with my Lord of Canterbury he kept a constant and free Intercourse; and whatever that Archbishop might have been formerly in Scotish Affairs, being abused by persons who did not truly represent them to him, he was certainly a good Instrument this year, which appears from his Letters to the Marquis, with the Copies of his Returns, which are extant.

where there were great Jealousies of him.My Lord Commissioner begun his Journey about the end of May, and on his way he met Letters from Scotland, telling him that great Jea­lousies were raised and vented upon his advertising so many to meet him, as if he had some strange design; and that his Vassals in Cliddisdale were under high pains discharged, to come and pay the duty they owed the Kings Commissioner and their own Superiour. On the third of Iune he came to Berwick, and there the Earl of Roxburgh met him, who told him in what fury all People were, and how small hopes there re­mained of prevailing upon the grounds he was to go on; he answered he was resolved to follow his Instructions, and be at his hazard. Next day the Earl of Lauderdale, with my Lord Lindsay, came to him; and from the later he learned, that they would never give up the Cove­nant, that they would have the five Articles of Perth abolished, Epi­scopacy limited, so that it should be little more than a Name: and if these things were not granted them, and a General Assembly and Par­liament not called quickly, they would call them themselves, before the great Crouds at Edinburgh were scattered.

There was also no small Disorder in Edinburgh at this time, for they had notice that there was a Ship in the Road loaded with Arms and Am­munition; from which they took the Alarm, having it represented much beyond the truth, 200 Musquets and as many Pikes, with a small quantity of Powder, being all the Arms that were in the Ship. They resolved to go out the next day, and seize the Ship, which had been ea­sily done, it being onely a Merchant-Vessel; but the Earl of Traquair apprehending the hazard, caused all the Arms to be sent down in a Boat that night to Fisher-raw, and got Carts, and presently transported them to Dalkeith, which was then the Kings House. This enraged the Co­venanters, when known by them next day; and some of the more for­ward moved that they should presently go to Dalkeith, and take them out by force; but the wiser of them stopped this: yet they set sure Guards around the Castle of Edinburgh, and at all the Ports of the Ci­ty, that none of them might be carried thither. This meeting with the Marquis his coming down, was made use of by the Incendiaries to per­suade the People, that he designed mischief by these Arms; and by the Advertisements he had formerly given: another hellish report was also spread, that he designed to call a Meeting of the chief Covenanters of all Ranks to Dalkeith, and there to blow them up; whereupon they resolved not to go out, nor treat with him there at all. All this was done to irritate the People into a prejudice against him, of which he gave Advertisements to the King, and held on his Journey.

[Page 53]The first thing he did was to inform himself exactly of all Matters and Persons, that he might accordingly apply himself to his business; but he found things in a greater disorder than he could have imagined. He finds the Country in a very ill po­sture. Al­most the whole Council did favour the Covenant, and the Bishops were hated by all, so that there were few or none whom he durst trust: the Earls of Traquair, Roxburgh, and Southesk, were the men he found best af­fected, yet even their Limitations vexed him.

My Lord Lorn, who about the end of the year by his Fathers death was Earl of Argyle, seemed to go on with the Kings Service; but he was suspected both by the King and the Marquis to favour the Covenant. In a word, those of the Council who were best set were yet overawed by the fury and threats of the other Party. The Marquis of Huntley was forward in His Majesties Service, but the Marquis was obliged to send him North, to keep that Country (which was yet peaceable) in order. Many Lawyers were of the Covenanters side, and chiefly the Kings Advo­cate Sir Tho. Hope, which was one of the greatest troubles the Marquis met with; for he being a stranger to the Scotish Law, (in which the other was skilled as much as ever any was) was often at a great loss; for he durst advise with him in nothing, and often the Kings Advocate alledged Law at the Council-Board against what he was pressing. Of this he complained frequently to the King, and intended to have discharged him the Coun­cil; but he durst scarce adventure on it, lest others should have removed with him. He tried what he could doe to get some Lawyers to declare the Covenant to be against Law; but that was not to be done. Sir Lewis Stewart promised private assistance, but said, that if he appeared in pub­lick in that matter, he was ruined. Sir Thomas Nicolson, who was the on­ly man fit to be set up against the Kings Advocate, though he had never all his life before pretended to a nicety in these matters, yet begun now to alledge Scruples of Conscience.

Next to this the Marquis dealt with the Covenanters, who were chiefly the Earls of Rothes, Cassils, Montrose, Lowdon, Lothian, my Lords of Lindsay, Yester, Balmerino, and Cranston; these were the chief Contri­vers and Actors, though they had many followers and abettors of all Qualities. With these he dealt by all means possible; but neither could Reason convince them, nor Assurance satisfie them, nor Promises or Cajolery prevail with them, nor Threats overrule them.

He quickly saw that nothing could be obtained from the Covenant­ers by way of Treaty; and therefore before he left Berwick, He puts the King on his guard to look for mischief from the Co­venanters, he adver­tised the King to prepare himself for teaching them their Duty by Au­thority, since milder ways were like to prove ineffectual. He also found the Country very destitute of Arms, and that the Covenanters were beginning to give order for furnishing themselves from several places; of which he also advertised the King, desiring him to send in all haste Expresses to his Agents in Holland, Hamburgh, Denmark, Sweden, and Po­land, to stop any Arms might be bought up by Scotish men.

At first when the Marquis came to Dalkeith, who fortifie themselves and are inso­lent. he heard that 1500 men were set to guard the Ports of Edinburgh, and that they of the Ta­bles had taken the Keys of the City from the Magistrates, and had some thoughts of securing the Castle of Edinburgh; which had been easily done if attempted, there being neither Arms nor Ammunition within it. But the wiser of them thought it fitter onely to set Guards about it, by which it was rendred useless, rather than make so hasty a Rupture; and [Page 54] the more violent threatned they would force both Commissioner, Council, and Session, to take the Covenant. All this the Marquis heard, but he might well regrate it, but had no power to curb it; for they were resolved to hear of no Proclamation, unless with the discharge of the Service-book and Book of Canons; the Articles of Perth were also promised to be abrogated, Episcopacy promised to be limited, and an Assembly and Parliament presently called. But his Instructions being so far short of this, he durst not adventure on publishing His Majesties Declaration, knowing it would meet with a Protestation; and as for that part of it which concerned the Covenant, my Lords of Traquair and Roxburgh told him, he was the ruine of the Country if he did not divide the Declaration, and wholly leave out what concerned the Co­venant: this he said he would yield to, and put his Head in the Kings Mercy, if they could assure him that thereby matters might be settled.

The Marquis gives a clear▪ representation of the state of Affairs. Of all this he advertised the King, and told him he must resolve either to yield to all they demanded, or haste down his Fleet quickly with 2000 Land-souldiers in it, and send down Arms to the Northern Counties of England; advising him also to send Souldiers for Garrisoning of Ber­wick and Carlisle, 1500 for Berwick, and 500 for Carlisle; and that His Majesty would resolve to follow these Orders in Person with a Royal Army, and there was no doubt of Victory, if the matter were well ma­naged: but he represented withall, that His Majesty would consider how far in His Wisdom He would connive at the madness of His own poor People, or how far in His Justice He would punish their folly; as­suring Him their present madness was such, that nothing but Force would make them quit their Covenant, and that they would all lay down their Lives ere they would give it up.

But that which he applied himself first to, was the dispersing of the Multitudes. After he held a Council at Dalkeith, where His Commissi­on was onely read and registred, he received Addresses from the Town of Edinburgh, He goes to Edinburgh, humbly inviting him to come to Holyroodhouse, which he refused, unless the extraordinary Guards about their Ports and the Ca­stle were dismissed. But this being done, he went thither on the ninth of Iune: they were guessed to be about 60000 that met him, the great­est number that Nation had seen together of a great while, among whom there were about 500 Ministers, and four of the most zealous had resolved to entertain him with Speeches: but this he shunned not without great difficulty, so earnest were they to be disburdened of their Harangues; but they came to him in private, and with great vehemen­cy, not without tears in their eyes, represented the danger Religion was in, but kept themselves within bounds.

and mollifies some of the Covenanters.And now he came to have access to their ears, and this was followed by that which always attended the engaging sweetness of his Converse, for he began to gain ground on their affections: he shewed them how firm the King was to the Protestant Religion, and how ready to hazard Life and Crown in the defence of it; that if any error had been com­mitted in the way of introducing the late Books, His Majesty did more than correct that by His gracious Condescensions; that he was resolved (as soon as the Country was settled) to call both an Assembly and Par­liament, if they themselves obstructed it not: but withall he represent­ed to them the madness of hazarding on a Rupture with the King: they [Page 55] knew it would not be uneasie to engage England against them, the Kings Navy was in good case, and it would be no trouble to the King to de­stroy their Trade, which would quickly impoverish the Country; therefore he desired they would follow such courses, as might redeem themselves and their Country from Ruine and Infamy. This prevailed with divers, and all acknowledged there was that strength of reason in his Discourse, that it was not easie to resist him long and see him much; but there were rough and wild Spirits, who could neither be tamed nor tuned right by it; yet the Multitudes began to disperse: but the Co­venant was so dear to them that it was the endangering of all, to speak of delivering it up. On the 15th of Iune he received the following An­swer from His Majesty to the Accounts he had sent him.

Hamilton,

THough I answered not yours of the fourth, yet I assure you that I have not been idle, so that I hope by the next week I shall send you some good assurance of the advancing of our Preparations. This say not to make you precipitate any thing, (for I like of all you have hitherto done, and even of that which I find you mind to doe;) but to shew you that I mean to stick to my Grounds, and that I expect not any thing can reduce that People to their Obedience, but onely Force. I thank you for the clearness of your Advertisements, of all which none troubles me so much, as (that in a manner) they have possessed them­selves of the Castle of Edinburgh; and likewise I hold Sterlin as good as lost. As for the dividing of my Declaration, I find it most fit (in that way you have resolved it;) to which I shall adde, that I am content to forbear the latter part thereof, until you hear my Fleet hath set sail for Scotland. In the mean time your care must be how to dissolve the Multitude, and (if it be possible) to possess your self of my Castles of Edinburgh and Sterlin, (which I do not expect.) And to this end I give you leave to flatter them with what hopes you please, so you engage not me against my Grounds, (and in particular that you consent neither to the calling of Parliament nor General Assembly, untill the Covenant be disavowed and given up;) your chief end being now to win time, that they may not commit publick Follies untill I be ready to suppress them: and since it is (as you well observe) my own People, which by this means will be for a time ruined, so that the loss must be inevitably mine; and this if I could eschew, (were it not with a greater) were well. But when I consi­der, that not onely now my Crown, but my Reputation for ever, lies at stake, I must rather suffer the first, that Time will help, than this last, which is irreparable. This I have written to no other end, than to shew you I will rather die than yield to those impertinent [Page 56] and damnable Demands, (as you rightly call them;) for it is all one as to yield to be no King in a very short time. So wishing you better success than I can expect, I rest

Your assured constant Friend, CHARLES R.
Greenwich, 11 June, 1638.
POSTSCRIPT.

As the Affairs are now, I do not expect that you should declare the Adherers to the Covenant Traitors, until (as I have already said) you have heard from me that my Fleet hath set Sail for Scot­land, though your six weeks should be elapsed. In a word, gain time by all the honest means you can, without forsaking your Grounds.

But he had taken his Resolution about this set down in the Post­script before he got the Kings Answer; He delays to publish the Proclamation to avoid an affront. for he wrote to the Archbishop of Canterbury that he was resolved on it, finding the hazard on the one side was a present Rupture, which would have been the ruine of the Kings Affairs, and of all his Friends; whereas the hazard of not doing it was onely the cutting off his Head for transgressing his Instructions, which he was willing not onely to endanger, but lose for the Kings Ser­vice. But till the Multitudes were wholly dispersed, he du [...]st not ha­zard on the the publishing of the Proclamation, lest Authority might have met with an affront in it. This was now doing apace, Commissio­ners onely staying in name of the rest; but all the Ministers hearing that the Covenant must be given up, or no Treaty, made their Pulpits ring with it; and the Marquis was to purpose inveighed against, some not sparing to say that the faggots in Hell were prepared for his reward: but all declared, they would never quit their Covenant, but with their Lives. A Protestation was also resolved on, whenever the Declaration should be published, which made it be delayed a little longer; and it was told him by the Kings Advocate, that a Protestation might be legal­ly made, and that it had been done so in the year 1621. But for all this things begun to promise some likelyhood ofSettlement, which made him write to the King, not to proceed in his warlike Preparations till things were more desperate; to which he received the following An­swer.

Hamilton,

THe dealing with Multitudes makes diversity of Advertisement no way strange, and certainly the alteration from worse to less ill cannot be displeasing: wherefore you may be confident, I cannot but approve your Proceedings hitherto, for certainly you have gained a very considerable point, in making the heady Multitude begin to [Page 57] disperse, without having engaged me in any unfitting thing I shall take your advice in staying the publick Preparations for Force; but in a silent way (by your leave) I will not leave to prepare, that I may be rea [...]y upon the least advertisement. Now I hope there may be a possibility of securing my Castles, but I confess it must be done closely and cunningly. One of the chief things you are to labour now, is to get a considerable number of Sessioners and Advocates, to give their opini [...]n that the Covenant is at least against Law, if not treasonable. Thus you have my Approbation in several shapes, t [...]ere­fore you need not doubt but that I am

Your assured constant Friend, CHARLES R.
Theobalds, 13 Jun. 1638.

At this time the Session sate not, He advises the King to bring back the Sessi­on to Edin­burgh. for the Town and Country about Sterlin threatned them, so that they could not return thither; where­fore the Marquis desired a Warrant from the King to bring the Session back to Edinburgh, both because it was not fit they should be too far from himself and the Council, as also that many of the Covenanters were broken in their Estates, so that if Justice were patent some of the most troublesom of them might be driven away: but chiefly the settling them again in Edinburgh, looked like a resolution of going on with a Treaty, of which it was fit they should be persuaded, till the King were in a good posture for reducing them. He tried what assurance he might have of the Lords of the Session being fixed to their Duty. Divers of them, who were no ill-wishers to the Kings Authority, yet durst not own it, being threatned by the Covenanters; of some he had all reason to hope well, yet the greater part of that Court, what through fear, what through inclination, was so biassed, that he saw little hope of prevailing with the Colledge of Justice, whether Judges or Lawyers, to declare the Covenant seditious or treasonable; and he was secure of none who sate on the Bench, save Sir Robert Spottiswood President, Sir Iohn Hay Clerk-Register, and Sir Andrew Fletcher of Innerpeffer, Halyburton of Fo­therance, and one or two more: the first of these was among the most accomplished of his Nation, equally singular for his Ability and Integri­ty; but he was the Archbishop of S. Andrews his Son, and so his Decision in that would have been of the less weight.

On the 16th of Iune the Covenanters came and presented their Peti­tions to the Marquis, craving a present redress of their Grievances, The Covenan­ters press spee­dy satisfacti­on. other­wise they said they would be put off no longer by delays; and they desired he would propose the matter to the Council, and give them a speedy Answer. He told them that His Majesty did resolve to call both an Assembly and Parliament for the redress of all Grievances; but if this was not yet done, they had nothing but the Disorders of the Country to blame for it, which should be no sooner composed but all their De­sires should be fully examined. They went away no way satisfied with this Answer; but the Marquis found all the Lords of Council inclined to the granting of what they demanded, so that he durst call no Council [Page 58] about it, lest they should have avowedly sided with the Covenanters: of which he advertised His Majesty, shewing him, that persons of all ranks pressed him, to represent to him that the Covenant was not ille­gal, and that if His Majesty would allow of the Explication of the Bond of mutual Defence, Many move that an Expla­nation of the Covenant might be re­ceived. which they offered, (that they meant not thereby to derogate any thing from the Kings Authority, for whom they were rea­dy to hazard their Lives,) all might be settled without more trouble, either to the King or Country; and that otherwise it must needs end in Blood. He desired His Majesty would consider well in what for­wardness his Preparations were, before he hazarded on a Rupture; lest if they had the start of him, all his faithful Servants in Scotland should be ruined ere he could come to their rescue. England wanted not its own Discontents, and they in Scotland seemed confident that they had many good Friends there; France had not forgot the Isle of Rhea, and had certainly a hand in cherishing those Broils in Scotland. He also ad­ded, the Covenanters resolution was upon the first Rupture to march into England, and make that the seat of the War. Upon all this he cra­ved His Majesties Pleasure, which he would punctually obey; and end­ed, begging pardon for the fair hopes he had given him in his last, pro­testing, that his desire of seeing Royal Authority again settled, without a bloody Decision (for which he was gladly willing to sacrifice his Life) made him too easie sometimes to believe what he so earnestly de­sired.

Thus I give the most material Heads of the Marquis his Dispatches to His Majesty; for though the Originals of them be in my hands, yet they are not inserted, both because of their being too long and too par­ticular for publick view; as also that the substance of them may be seen in the Kings Answers, which for many reasons are set down at their full length. But to this I shall adde a surprising thing, that I find the Arch­bishop of S. Andrews was for accepting an Explanation of the Cove­nant, for a draught of it yet remains under his Pen, which fol­lows.

The Archbi­shop of S. An­drews his draught of an Explanation.WE the Noblemen, Barons, Burgesses, Ministers, and others, that have joyned in a late Bond or Covenant for the maintaining of true Religi­on and purity of Gods Worship in this Kingdom, having understood that Our Sovereign Lord the Kings Majesty is with this our doing highly offended, as if we thereby had usurped His Majesties Authority, and shaken off all Obedi­ence to His Majesty and to His Laws; for clearing our selves of that Impu­tation do hereby declare, and in the presence of God Almighty solemnly protest, that it did never so much as enter into our thoughts, to derogate any thing from His Majesties Power and Authority Royal, or to disobey and rebell against His Majesties Laws, and that all our Proceedings hitherto by Petitioning, Pro­testing, Covenanting, and whatsoever other way, was and is onely for the maintaining of true Religion by us professed, and with express reservation of our Obedience to His most Sacred Majesty; most humbly beseeching His Ma­jesty so to esteem and accept of us, that he will be graciously pleased to call a National Assembly and Parliament, for removing the Fears we have not with­out cause (as we think) conceived of introducing in this Church another form of Worship than what we have been accustomed with, as likewise for satisfy­ing our just Grievances, and the settling of a constant and solid Order to be kept in all time coming, as well in the Civil and Ecclesiastical Government: [Page 59] which if we shall by the intercession of Your Grace obtain, we faithfully pro­mise (according to our bounden duties) to continue in His Majesties Obedi­ence, and at our utmost powers to procure the same during our Lives, and for the same to rest and remain

Your Graces obliged Servants, &c.

His Majesties Answer follows.

Hamilton,

I Do not wonder, though I am very sorry for your last Dispatch, to which I shall answer nothing concerning what you have done, or mean to doe, because I have approved all, and still desire you to be­lieve I do so, untill I shall contradict it with my own Hand. What now I write is, first to shew you in what Estate I am, and then to have your Advice in some things. My Train of Artillery consisting of 40 Peece of Ordnance (with the appurtenances) all Drakes, (half and more [...]f which are to be drawn with one or two Horses apiece) is in good forwardness▪ and I hope will be ready within six weeks; for I am sure there wants neither Money, nor Materials to doe it with. I have taken as good order as I can for the present, for securing of Car­lisle and Berwick; but of this you shall have more certainty by my next. I have sent for Arms to Holland, for 14000 Foot and 2000 Horse: for my Ships they are ready, an [...] I have given Order to send three for the Coast of Ireland immediately, under pretence to defend our Fishermen. Last of all, which is indeed most of all, I have consulted with the Treasurer and Chancellour of the Exchequer, for Money for this years Expedition; which I estimate at two hun­dred thousand pounds Sterlin, which they doubt not but to furnish me▪ more I have done, but these are the chief heads. Now for your Ad­vice, I desire to know whether you think it fit that I should send six thousand Land-men with the Fleet that goes to the Frith, or not; for since you cann [...]t secure me my Castle of Edinburgh, it is a questi­on whether you can secure the landing of those men, and if with them you can make your self Master of Leith, to fortifie and keep it: of this I desire you to send me your Resolution with all speed. I leave it to your consideration, whether you will not think it fit to see if you can make all the Guns of the Castle of Edinburgh unserviceable for any body, since they cannot be useful for me. Thus you may see, that I intend not to yield to the Demands of those Traitors the Covenanters, who I think will declare themselves so by their Actions, before I shall doe it by my Proclamation; which I shall not be sorry for, so that it be [Page 60] without the personal hurt of you, or any other of my honest Servants, or the taking of any English place. This is to shew you, that I care not for their affronting or disobeying my Declaration, so that it go not to open mischief, and that I may have some time to end my Preparations. So I rest

Your assured constant Friend, CHARLES R.
Greenwich, 20 June, 1638.

The Marquis did again send a new Dispatch much of the same strain with the former, before he had received this Letter, representing the great hazards he apprehended from a Breach, and that he feared the King would be faintly followed by the English: withall he gave the King a large account of the Explanation was offered to that part of the Covenant, by which they were bound to mutual Defence; to which His Majesty wrote the following Answer.

Hamilton,

I Must needs thank you that you stand so close and constantly to my Grounds, and you deserve the more since your fellow-Counsellours do rather dishearten than help you in this business, for which I swear I pity you much. There be two things in your Letter that require Answer, to wit, the Answer to their Petition, and concerning the Ex­planation of their damnable Covenant; for the first, the telling you that I have not changed my mind in this particular, is Answer suffici­ent, since it was both foreseen by me, and fully debated betwixt us two before your down-going; and for the other, I will onely say, that so long as this Covenant is in force, (whether it be with, or without Explanation) I have no more Power in Scotland than as a Duke of Venice; which I will rather die than suffer: yet I commend the giving ear to the Explanation, or any thing else to win Time, which now I see is one of your chiefest cares, wherefore I need not re­commend it to you. Another I know is, to shew the World clearly, that my taking of Arms is to suppress Rebellion, and not to impose Novelties, but that they are the seekers of them; wherefore if upon the publishing of my Declaration a Protestation should follow, I should think it would rather doe right than wrong to my Cause: and for their calling a Parliament or Assembly without me, I sh [...]uld not much be sorry, for it would the more loudly declare them Traitors, and the more justifie my Actions; therefore in my mind my Decla­ration would not be long delayed: but this is a bare Opinion and no Command. Lastly, my resolution is to come my self in person, [Page 61] accompanied like myself, Sea-forces nor Ireland shall not be forgot­ten; the particulars of which I leave to the Comptrollers relation, as I do two particulars to the Archbishop of Canterbury, which you for­got to mention in my Letter: and so I rest

Your assured constant Friend, CHARLES R.
Greenwich, 25 June, 1638.

Upon this the Marquis spoke big to them, The Marquis threatens the Covenanters, and threatened to leave the Imployment, and go to Court, but to return to Scotland again shortly, attending His Majesty in another posture. This cooled their Courage a little, for they were not then in a posture for a Breach; and so they spoke more mildly, saying, who speak with more submission▪ That they were sorry His Majesty mistook their good and innocent Intentions, all they designed being the preservation of Religion and Laws, and that if these were secured, they would demean themselves in all time coming as good Subjects: he said, If they would all go home to their Houses, he would beg li­berty to wait on His Majesty with their Desires, and return them an Answer within three weeks or a month. But the true reasons that moved him to desire permission to go up, were, that hereby he gained so much more time, as also he would more fully inform the King of the state of Affairs, and see in what forwardness the Kings Preparations were; but chiefly, to try what he could prevail about establishing the Con­fession of Faith, which had passed in Parliament 1567: for he judged if His Majesty did sign and authorize that Confession with a Bond for defending it in subordination to the Kings Authority, The Marqui [...] asks leave to go to Court▪ it might give full satisfaction to all, that there should be no Innovation in Religion; at least, the Vulgar, who had been poisoned with those Fears, might be recovered, a considerable party of the Covenanters gained, and His Majesties Cause made more favourable to all the World. This was not to be moved or managed by Letters; therefore he begged permission to wait upon His Majesty, which the King granted in the following Letter.

Hamilton,

YOurs of the 24th (though it be long) requires but a short An­swer, it being onely to have leave to come up, and obtains i [...] of His Majesty▪ which is ground­ed upon so good reason, that I cannot but grant it. Some Conside­rations in the mean time I think fit to put to you; first, to take heed how you engage your self in the way of Mediation to me; for though I would not have you refuse to bring up to me any Demand of theirs to gain time, yet I would not have you promise to mediate for any thing that is against my Grounds; for if you do, I must either prejudice my self in the granting, or you in denying: then, I would have you take care, that no more Subscriptions be urged upon any, especially of Council or Session: lastly, that you leave such encouragement to these [Page 62] few, that have not yet forsaken my Cause, that they may be a [...]sured (as well as I) that your up-coming is neither to desert them nor it. And thus certainly if (as you write) you get the mutinous Multitude once dispersed, you will have done me very good Service; for I am confident that my Declaration published before your coming away, (according to the Alterations that I have given you leave to make) will give some stop to their Madnesses: however your endeavours have been such, that you shall be welcom to

Your assur [...]d constant Friend, CHARLES R.
Greenwich, 29 June, 1638.

The King did also signifie to him by my Lord of Canterbury, that he appointed him to adde to the Declaration some general words, giving hopes of an Assembly and Parliament, by whom also he gave him War­rant for calling the Session to Edinburgh.

To this I shall adde a Letter of the Bishop of Ross to the Marquis, which will shew what sense the Bishops had of his Proceedings all this while.

My Lord, may it please your Grace,

Letter from the Bishop of Ross to the Marquis.WE are exceeding sorry to hear that the success of your Lordships Tra­vels in this difficult Business; is otherwayes than good Christians and Subjects do wish, and heartily pray for; but on the other part, are glad to hear from our Friends there, that, whereof we were ever confident, that no­thing is omitted by your Lordship to effectuate what is necessary for His Ma­jesties Honour, and expedient for the good and quiet of that poor distracted and distempered Kingdom. For my own part give me leave, without ei­ther flattery or presumption, to say ingenuously, that the Course your Lordship keeps, seemeth to be such as all good and wise men must approve your Lord­ships wisdom and Loyalty. Infallibly the fruit will be, besides the Warrant your Lordship hath in your own Conscience by this Noble and Wise carriage, your Lordship must be more (if any accrewment can be to former Deserts) beloved of your Master: it will indear your Lordship more to all good, wise, and well-affected Patriots, and oblige all, especially honest Church-men, to be your Servants. It cannot seem strange to any wise heart, who looks on the Distemper of that Kingdom, wherein is the concourse of so many diffe­rent and divers Distempers, where so many of all sorts of different Iudge­ments, and no less variety of Affections, are so strongly engaged, and where many have their own private ends; that the best, wisest, and most powerful Agents, are not able on a sudden to rectifie their Iudgements, cure their Affe­ctions, and by disappointing the private intentions of some, to reduce all to Order, Peace, and Quiet. In any great Work of this strain, we must all rely somewhat more on the wise and gracious Providence of God, than in other ordinary accidents: He is able to work good out of ill, light out of darkness, and order out of confusion, which I pray God heartily, we may see to His Glory, the Kings Honour, and Peace of the Church and State, with­out any other effect upon any author or abetter of these Disorders, but of [Page 63] Gods Mercy, and His Majesties Royal Clemency. In this I fear I have ex­ceeded more, possibly, than becomes me with your Grace; but as I humbly beg pardon, so I trust your Lordships Goodness will easily pardon the expres­sions of a poor Heart surcharged with grief, not so much flowing from, or follow­ing the fear of any Personal or Private evil can befall it, as fearing the danger the Publick is in, because of our Sins, which are calling for Vengeance. God of his Mercy give us Repentance, and be merciful to that Church and State.

We can return nothing for your Lordships care and kindness to us but hum­ble and hearty thanks, and earnestly pray God Almighty for all Honour, Wealth, and Happiness to your Lordship here and hence.

As your Lordship hath commanded us we shall go from hence, and where we pitch our abode, with the first opportunity shall acquaint your Lordship. We were ad [...]ised by our best friends to doe so, before we received your Lordships; but that Obedience we owe, and promised to His Majesty and your Lordship, made us that we would not stir for any Advertisement or Advice, how neces­sary or affectionate soever, till we had your Lordships Warrant.

All that kind respect which is above our desert and condition, and tender care your Lordship hath expressed to us, for our safety, and that which your Lordship hath superadded out of your noble Bounty, desiring us to be so bold as to shew your Lordship what Money, or any thing else necessary we stand in need of, that your Lordship may supply our necessity in this, hath so perplexed us for a time, that we knew not what to choose; on the one part being asha­med to doe it, both because it seemeth impertinent, and incongruous to trouble one of your Lordships Honour, Place, and Imployment, with matters of this kind, and especially so unreasonably at such a time, when your Lordship is at such charge for the Honour of His Majesties Service; as also that we are un­profitable, and cannot be useful to your Lordship in any kind, and so how should we to other troubles we make your Lordship, adde this to be chargeable: yet your Lordships noble and generous offer, and the necessity we are cast into at this present, that what is our own or due to us we cannot command, and know as little who will do us the favour at this time to trust us, hath made us (see­ing Obedience is better than Sacrifice) to cast our selves upon your Lordships Bounty and Favour; fearing on the one part your Lordship may be offended if we doe it not, and on the other, that otherwise we cannot be provided: There­fore I humbly intreat your Lordship, to let me have with the Bearer a hundred and fifty Pieces, payable at Whitsunday next with the Interest, or Martin­mass, as your Lordship pleases; for which your Lordship shall receive from the Bearer my own personal Bond. Here and at this time I cannot give better Security, but by Gods Grace your Lordship shall be in no danger, come the world as it will.

I have more than need to beg humble pardon for my unmannerly and im­pertinent importunities, in troubling your Lordship at this time, taken up with weighty Affairs, if it were but to read this long Paper; and that I offend no more in this kind, I shut up all with my hearty Prayers to God Almighty for all Honour and Happiness to your Lordship, and an effectual blessing upon your Travels. So wisheth he who shall be, whilest he lives,

Your Graces most humble and bounden Servant, IO. ROSSEN.
Berwick, 29 June, 1638.

[Page 64]The Marquis had Orders from His Majesty to see the Bishops or other Churchmen, who suffered for their Duty, relieved out of the Treasury, but that was exhausted; yet the Marquis was careful that none of them should want, and therefore supplied them liberally out of his own Mo­ney, even without taking from them any Legal Security for repayment, as appears by the Accompts of his Trustees at that time.

Upon the Kings Pleasure that was signified by the Archbishop of Canterbury the Marquis emitted a Proclamation for the Sessions sitting down on the second of Iuly at Edinburgh, The Session sits again at Edinburgh. and thither he went that day to intimate to them His Majesties Goodness for them, in no [...] putting them to the trouble and expence of removing their Families elsewhere; wherefore he recommended His Majesties Service to them, and that if any thing came from the Tables, they should not fail to pass that Censure on it which was according to Law. Next he called for the Cove­nanters Petitions, which he promised to present to His Majesty, and re­turn them an Answer betwixt that and the fifth of August, with which they were satisfied for that time.

On the fourth of Iuly he held a Council, and presented the Kings De­claration to the Councellours, and having before-hand prepared most of them with a great deal of industry, he got it signed by them all, & an Act passed, The Kings Proclamation is published, and protested against. that the Subjects ought to rest satisfied with it. It was immedi­ately sent to the Market-cross, and proclaimed; but notwithstanding all the Grace it contained, it met with a Protestation from the Tables. But upon the back of this the Marquis met with one of the most trouble­some passages of his whole Negotiation. There were some Councel­lours who were not satisfied with the Declaration, and those he got to be absent from Council that day: but divers of thos [...] who had signed the Act, (that the Subjects ought to rest satisfied with the Declaration) came afterwards to him, telling him, that he had pressed them to what they had not well considered when they did it, but upon second thoughts they found they had wronged their Consciences; wherefore they desired he would call a new Council, The Council is inconstant. that they might retract what they had done. This he studied to divert by all means, representing how contrary it would be to their Honour, and to the Kings Service, and Good of the Country, and so he shook them off that night: but next day those and many more came to him with the same Desires, and say or do what he could, nothing would prevail with them; for they told him plainly, if he cal­led not a Council, they would find another way to make their Retracta­tion well enough known, and that was to subscribe the Covenant. The Marquis having spoken with the whole Council apart, found that three parts of four would immediately fall off, if he gave them not satisfaction; and judging that such a visible breach with the Council would ruine the Kings Affairs, therefore since the Act was not registred, but onely sub­scribed, he thought the Course that had least danger in it was to tear it before them: by this means he got that storm calmed.

All this while that he had been in Scotland he had not forgot the Kings Orders about his Castles. The Marquis takes care of the Kings Castles. Dumbriton was secured, though it run a risque, the Constable being at London, and the Under-keeper taking the Covenant: but he called home Sir William Stewart, who was Con­stable under the Duke of Lennox, to wait on his Charge; and this deli­vered him from that hazard.

As for Edinburgh-Castle which was then in the Earl of Marre's hand, it [Page 65] cost him more trouble. Divers of the Earl of Marre's friends, who had much credit with him, being not well inclined, and much being trusted to the Constable, he durst not in the Kings Name require him to yield it up, lest that had hasted on a Rupture; and he could not prevail by fairer ways at first: but the issue of this shall be told in its due place.

This being done, the Marquis took his Journey, He takes Jour­ney, and on the way he had the following Letter from His Majesty.

Hamilton,

I Hope that this will find you on the way hitherward; where­fore remitting all business till I speak with you, these Lines are only to hearten you in your Iourney, for I think that it will be very much for my Service. So desiring you to make as much haste as the weather will permit, I rest

Your assured constant Friend, CHARLES R.
Greenwich, the 9th July, 1638.
POSTSCRIPT.

Forget not to bring with you the Copies of all the Proclamati­ons and Protestations that have been made.

When he came to Court he gave the King a full account of all had passed in Scotland, and of the strength and fury of the Covenanters, and gives the King an ac­count of Af­fairs; to­gether with the inconstancy of many of the Council, and how His Majesty had been abused in the hopes he was put in of the readiness of his Preparations in England; which I gather from some little Notes he took of things, and the Copies of his Letters.

He next told His Majesty, that nothing prevailed so much on the Vulgar in Scotland, as the cursed insinuations were given of His Maje­sties staggering in the Protestant Religion; wherefore he proposed, that His Majesty might cause renew the Confession of Faith; which was established at the Reformation, and ratified in Parliament, An. 1567: and to that His Majesty did readily consent.

At length His Majesty having considered for some days of the whole Affair, and having fully debated every particular with the Marquis, and my Lord of Canterbury, in end His Goodness, and Paternal Affe­ction for his poor Subjects, overcame all that Indignation which their Actions had raised in him; wherefore he resolved on enlarging his In­structions, which he did as follows.

CHARLES R.

YOV shall try by all means to see if the Council will sign the Confessi­on of Faith, established by Act of Parliament, and gets new and fuller In­structions. with the new Bond joyned thereto; but you are not publickly to put it to Voting, except you be sure to carry it, and thereafter that probably they will stand to it.

If the Council do sign it, though the Covenanters refuse, you shall proceed to the indicting of a free General Assembly; and though you cannot procure [Page 66] the Council to sign it, yet you are to proceed to the indicting thereof▪ if you find that no other Course can quiet business at this time.

You shall labour by all fair means that the sitting of the Assembly be not be­fore the first of November, or longer if you can obtain it: for the place, We are pleased to leave it to your election; for the manner of indicting, you must be as cautious as you can, and strive to draw it as near as may be to the for­mer Assemblies in my Fathers time.

You must labour that Bishops may have Votes in Assemblies, which if you cannot obtain, then you are to protest in their Favours in the most formal manner you can think of.

As for the Moderator in the Assembly, you are to labour that he may be a Bishop, which though you cannot obtain, yet you must give way to their E­lection.

You are to labour, that the Five Articles of Perth be held as indifferent; strive that the admissions of Ministers may continue as they are; you may condescend, that the Oaths of their Admission be no other than is warranted by Act of Parliament.

You are, if you find that it may any wise conduce to Our Service, to en­act and publish the Order made at Holyroodhouse by Our Council the fifth of July last, for discharging the use of the Service-Book, Book of Canons, and the practice of the High Commission.

You are to protest against the abolishing of Bishops, and to give way to as few restrictions of their power as you can; as for the Bishops not being capable of Civil Places, you must labour what you can to keep them free.

You may give way that they shall be accountable to the General Assembly, which you shall indict at the rising of this against that time twelve month.

As for the Bishops Precedence, you are not to admit them of the Assembly to meddle therewith, it being no point of Religion, and totally in the Crown.

If the Bishop of St. Andrews, or any other, be accused of any crime, you are to give way to it, so they may have a free Trial; and likewise the same of whatsoever person or Officer of State.

It is left to your discretion what course Bishops shall take, that are for the present out of the Country.

You are to advise the Bishops to forbear sitting at the Council, till better and more favourable times for them.

Notwithstanding all these Instructions abovementioned, or any other accident that may happen (still labouring to keep up Our Honour so far as possibly you can) you are by no means to permit a present Rupture to happen, but to yield any thing though unreasonable, rather than now to break.

C. R.
London the 27 th July, 1638.

But with this His Majesty ordered him to see, That the Country were again settled before he indicted the Assembly, that the Moderators named by Bishops in Presbyteries might be again reponed, and according to the Act of the Assembly 1606. they might be held necessary Members of the Assembly, that all Ministers turned out since these Stirs began, might be again restored, and that all Ministers admitted without Bishops might desist from the exer­cise of their Function: That all people might keep their own Churches, and that Bishops and Ministers who took not the Covenant, might live quietly without disturbance, and have their Stipends paid them. His Majesty al­so [Page 67] so gave warrant, That if need required he might call a Parliament against April next: and with these Instructions the King wrote to the Council the following Letter.

CHARLES R.

RIght trusty and well-beloved Cousin, Councellour and Commissioner, The Kings Letter to the Council, and Right trusty and well-beloved Cousins and Councellours, and trusty and well-beloved Councellours, We Greet you well.

The great Distractions which have of late arisen both in Kirk and Com­monwealth, in that Our Ancient Kingdom of Scotland, have much troubled the minds of many good and loyal Subjects there, and these Distractions have fallen out among them upon Iealousies and Fears of Innovation in Re­ligion, and introducing of Popery; and not without some Fears conceived amongst them, as if We Our Self were that way inclined.

Vpon occasion of these Fears they have of late signed a Covenant, or Bond for conserving the Religion established, and the Laws of the Country: but this Bond being not subscribed by Royal leave and Authority (as was that in Our dear Fathers time) must needs be both null in it self, and very preju­dicial to the ancient and laudable Government of both Kirk and Common­wealth: which though We must declare unto you, yet out of Our inborn Love to that Our Native Country, and Loyal Subjects there, and for the obviating of these causeless Fears, and to satisfie your selves and all Our loving Peo­ple, We do hereby under Our hand let you know that We are, and have ever been satisfied fully in Our Iudgement and Conscience, both for the Refor­med Religion and against the Roman; and that by Gods Grace and Good­ness, We purpose both to live and die in the belief and practice of the Religion now established, and to preserve it in full strength, according to the Laws of that Our Kingdom: and to the end that this may appear to Posterity, how firm and settled We are in that Our Religion, We require you Our Commis­sioner and Council to see these Letters registred according to course.

Given at Our Court at Oatlands, Iuly 30. 1638.

His Majesty signed also the following Declaration.

CHARLES R.

THE great Distractions which of late have risen both in Kirk and Commonwealth, in this Our ancient Kingdom, and Declara­tion, have so troubled the minds of many of Our good and loyal Subjects there, that they have been pos­sessed with Fears as if Popery had been intended to have been introduced, and as if We Our Self were that way inclined: upon occasion of which Fears a Covenant or Bond of late hath been drawn up, intended by the Subscribers (as doth appear by their Supplication, presented to Our Commissioner the 26 th of June last) for conserving the Religion and Laws of the Country; but it not being done by Royal leave and Authority, as was that in Our dear Fa­thers time, must be both null and void of it self, and much prejudicial to the ancient and laudable Government of Kirk and Commonwealth: Therefore We for obviating those Fears, which have been misconceived, both against Our Person and Profession, for matters of Religion, and to satisfie not Our loving Subjects only, but all the Christian World, that We do, and (by Gods Grace) ever will maintain the true Christian and Reformed Religion, esta­blished [Page 68] in this Our Kingdom, and to let the World see, that this shall be done in and with all freedom according to the Laws of Our Country, have signed the Confession of Faith, established by Act of Parliament An. 1557. with this Bond following, in defence of it, and Royal Authority, Laws, and Liber­ties of the Country; and do also require the present Subscription of this Con­fession, and Bond by all Our loving Subjects, that it may remain in force to Posterity, that they may know how careful We are, and have been to preserve the integrity of Religion, and the freedom of Our Laws.

Here the Confession of Faith was inserted, which is to be seen in the Acts of Parliament An. 1567. and therefore it being of great length, the Reader is referred to the Acts of the Parlia­ments of Scotland.

Thereafter followed this ensuing Bond.

with the Bond to be signed. We and every one of us underwritten do protest and swear in the presence of God Almighty, that we are truly and fully resolved in our Consciences, that this is the Confession of the true Faith of Christ, established by the Laws of this Country, and that (by the Grace of God) we will profess and main­tain the same all the dayes of our Lives; and because the safety of Religion, Kirk, and Commonwealth, depends much upon the comfortable assistance which all of them daily receive from Royal Iustice and Authority, we protest and promise with our Hearts, under the Obligation of the same Oath, to de­fend not only this our Religion, but the Kings Majesties Sacred Person and Authority, as also the Laws and Liberties of this our Country under His Majesties Soveraign Power, with our best Counsels, Bodies, Goods, and whole Estates, according to the Laws, and against all sorts of persons, and in all things whatsoever, and likewise mutually to defend our selves, and one another, in this abovementioned Cause under the same obligation.

But while the Marquis was busie at Court, procuring this Gracious Answer to their Demands, and while His Majesty was condescending to such extraordinary Favours to them, the Covenanters in Scotland were going on, The Covenan­ters are very busie in Scot­land. posting up and down the Country for more Subscri­ptions to the Covenant: and because the North continued firm to their Duty, some Noblemen and Ministers went thither to draw them to their Party, and on the 23 d of Iuly, they came to Aberdeen, where there was a company of worthy and learned Doctors and Professors. But the Covenanters welcome there was so cold, (all the Subscriptions they got being but 19 or 20; and they were not admitted to preach in the publick Churches, which made them preach in the Court of the Earl Marshal's Lodgings) that they went away full of fury and threats against that Place; and this gave the rise to that Debate which fol­lowed betwixt the Doctors of Aberdeen and those Ministers, Debates be­twixt the Do­ctors in Aber­deen and them. which the Learned Doctors managed with so great advantage, as did not a little confound the whole Party: and the Ministers being pinched by them about the lawfulness of combining without warrant of Authority, al­ledged, that my Lord Commissioner was satisfied with the Covenant, upon the offer of that Explication was mentioned formerly. But the falshood of this Calumny was cast back on them with shame, by him at his return; for as he had never expressed any satisfaction with their [Page 69] Covenant, so all the ground they had for that, was, because according to the Kings Order he had treated about that Explication to gain time.

He brought along with him to Scotland Dean Balcanqual, Doctor Bal­canqual comes to Scotland. a man of great parts, of subtil wit, and so eloquent a Preacher, that he seldom preached in Scotland without drawing Tears from the Auditors. Him the Marquis intended to make use of, as his Council in Church-affairs, which Trust he discharged faithfully and diligently, and received those Informations which were made publick in the large Declaration pen­ned by him.

The Marquis came to Holyroodhouse on the tenth of August, and found things in a much worse posture than he had left them, and that the Flames were growing almost past quenching; for at a Convention of Burroughs a few days before, they had enacted, The Covenan­ters high reso­lutions. That none might be Magistrates, or bear Office in any Burrough, except he had first taken the Covenant: and the Covenanters were resolved, that Bishops should have no Vote in the Assembly, unless they were chosen by a Presbytery; and they were sure that should not be. They were re­solved to abolish Episcopacy, and to declare it unlawful, and excom­municate, if not all, yet most of the Bishops; they were resolved to condemn the Articles of Perth, and discharge Bishops to Vote in Par­liament; they were also resolved, to ordain all under pain of Excom­munication to sign the Covenant; and to shew they meant to break out into Hostility, they were beginning to levy men in several places. But to make sure work of the Assembly, they fell on a new device of Lay-elders to be chosen Commissioners, who should be men of the greatest power and interest, whereby they doubted not to carry all things; and because in a Meeting at Edinburgh of Ministers being 120 in number, about four parts of five were only for limiting of Episco­pacy, it was resolved by the Iunto, that none of these should be Com­missioners. The Marquis being surprized with so great a change of the State of Affairs▪ gave account of all these inconveniences to His Majesty, and resolved not to proceed to call a General Assembly, since he saw what effects it was like to produce, till he first went and ac­quainted His Majesty with these hazards.

On the 13 th of August the Covenanters came to demand his Answer: The Marquis makes known His Majesties intentions. he told them, he had a clear and full Answer to give them, but de­sired to be excused till he first communicated it to the Council, which was to sit next day. So they were satisfied for that time, and on the fourteenth he held a Council, where he delivered His Majesties Answer in these Terms.

My Lords,

I Thought it fit to acquaint your Lordships before I returned His Majesties Answer to the Noblemen, and others petitioning for the same, which is so full of Grace and Goodness, that we have all cause to bless God, and thank His Majesty for it, such is his tender care of this poor distracted Kingdom, that he will leave nothing undone, that can be expected from a Iust Prince, to save us from Ruine; and since he finds such Distraction in the Church and State, that they cannot be well settled without a Parliament and Assembly, the state of the Country and business being prepared for it, he hath given me Warrant for calling of both, that they may be orderly held, as formerly they [Page 70] have been, according to the Laws and Customs of the Kingdom.

And further I am to declare to your Lordships, that this we are to attri­bute only to His Goodness, for we cannot but acknowledge, that our carriage hath been such, as justly we might have expected that he would have taken another course with us: which he was Royally and really prepared for, (had not His Mercy prevailed above His just Indignation) and by a powerful and forcible way have taught us Obedience, which he hath forborn to make use of, meerly out of His Grace and Goodness. It is our duty to let His Subjects know, how great our obligation is to Him, which every one of us in particu­lar, and all of us in general, should strive to make every one sensible of; and labour, so far as lieth in our power, to procure satisfaction to His Maje­sty, and quiet to this distracted Church and State.

The day following he gave the Covenanters the same Answer, with which they were no way satisfied. But the Cove­nanters were not satisfied. They asked, what he meant by preparing of business; he said, it was to establish Order and Govern­ment again in the Country, as it was before those Combustions; and upon this he gave them a Note of those particulars His Majesty or­dered to be settled, and assured them immediately upon their Obedi­ence, he should indict an Assembly and Parliament, as he was instruct­ed. They continued treating about this till the 20 th of August, but still declined to execute those particulars that were commanded, and threatned to call an Assembly and Parliament themselves: where­fore the Marquis craved again the space of twenty days, to go and bring an Answer from His Majesty; which he did to gain more time, and to shew the King into what extremities they were now run; and that it was necessary He should immediately break with them, or give way to the full Career of their zeal: The Marquis goes again to Court. and so he took Journey on the 25 th to Court.

But the first night he stopped at Broxmouth to consider with the Earls of Traquair, Roxburgh and Southesk, what advice to offer His Ma­jesty, who agreed on the following Articles, taken from the Original penned by Traquair.

Articles of ad­vice offered to His Majesty.SInce the cause and occasion of all the Distractions, which of late have hap­pened both in Kirk and Polity, seems to proceed from the conceived Fears of Innovation of Religion and Laws, and that the Service-Book, Book of Canons, and the unbounded power of Bishops in the High Commission (never yet warranted by Law) was that which first gave ground and occasion to the Subjects Fears, and seeing the said Books are offered to be proved, to be full of Tenets and Doctrines contrary to the Reformed Religion, professed and established within this Kingdom, and the same introduced against all form and custom practised in this Church; it were an Act of Iustice well beseeming so Gracious and Glorious a King, absolutely and fully to dis­charge the same.

And seeing likewise this High Commission hath given so great offence to so many of Your Majesties good Subjects, and as is constantly affirmed, is of so vast and illimited a power, and contrary to express Laws, by which all such Iudicatories, not established by Act of Parliament, are declared to be of no force; it would much conduce to the satisfaction of this People, if this Iudi­catory were discharged till the same were established by Law.

The practice of the Five Articles of Perth hath been withstood by the most [Page 71] considerable part of the Subjects of all qualities, both Laity and Clergy, where­by great Divisions have been in this Church, and are like to have an in­crease, if Your Majesty (in Your accustomed goodness and care of this poor Kirk and Kingdom) shall not be graciously pleased to allow that the pressing of these Articles may be forborn until the same may be considered of in an Assembly and Parliament; and although we conceive Episcopa [...]y to be a Church-Government most agreeable with Monarchy, yet the illimited power which the Lords of the Clergy of this Kingdom have of late assumed to them­selves, in admitting and deposing of Ministers, and in divers other of their Acts and Proceedings, gives us just ground humbly to beg, that Your Ma­jesty may be pleased to remit to the Consideration of the Assembly this their un­warranted Power.

The sense and apprehension of these foresaid Evils, hath s [...]irred up the Sub­jects without warrant of Authority, to joyn in a Bond and Covenant, to with­stand the foresaid Innovations, and for maintainance of the true Religion, the Kings Majesties Person, and of one another in the defence thereof.

If Your Majesty might be graciously pleased in supplement hereof, to allow or warrant such a Confession of Faith, with such a Covenant or Bond joyned thereto, as that signed by Your Majesties Father, and by His Command, by the Council and most part of the Kingdom, we are very confident the same would be a ready and forcible mean to quiet the present Disorders, at least to satisfie most part; and if Your Majesty shall condescend to the foresaid Pro­positions, we are hopeful, if not confident, it shall give so great conten [...] to so considerable a number of Your Majesties good Subjects, of all qualities, that if any shall stand out, or withstand Your Majesties Royal Pleasure, after the publication thereof, they may be overtaken by Your Majesties Power within this Kingdom, without the help or assistance of any Force elsewhere.

And because it is to be hoped, that all that hath past in this business, and all the Courses that have been taken herein by the Subjects, hath proceeded from the foresaid Fears of Innovations, and not out of any Disloyalty or dis­satisfaction to Soveraignty, and that Your good People may still taste the fruits of Your Grace and Goodness, we wish Your Majesty may be graciously plea­sed, upon the Word of a King, to pardon what is past, and never so much as to take notice of any of the Actions or Proceedings of what person soever, who after this shall carry himself as becomes a dutiful Subject, and in te­stification thereof shall give his best assistance for settling the present Dis­orders.

And if Your Majesty may be pleased to condescend hereto, we conceive all Your Majesties Subjects, Petitioners or Covenanters, should acquiesce, and rest heartily satisfied therewith; and if any shall be so foolish or mad, as not­withstanding this Your Majesties grace and goodness, still to disturb the Peace of Your Majesties Government, we in testification of our hearty thank­fulness to our Soveraign, by these humbly and heartily make offer of our Lives and Fortunes, for assisting Your Majesty, or Your Commissioner, in suppressing all such Insolences or insolent persons.

Signed,
  • Hamilton.
  • Traquair.
  • Roxburgh.
  • Southesk.

[Page 72]From Broxmouth he went forward to wait on His Majesty, and did shew him, that unless he enlarged his Instructions he was to treat no further; The Marquis advises the King to re­new King Iames his Covenant. since he saw the Contempt was like to be put on the last In­structions so visibly, that he durst not make use of them, lest he should thereby have exposed His Majesties Goodness to new Affronts. And as he represented this to His Majesty, so he told him, nothing seemed so likely a Course for removing of Jealousies and settling all things, as the Authorising the Covenant that upon King Iames his command was drawn up by Mr. Iohn Craig, An. 1580▪ containing the renunciation of all the Articles of Popery, which was the ground of the present Co­venant.

The King rea­sons against that.His Majesty did utterly disrelish the Proposition of signing that Co­venant, usually called the Negative Confession; for he remembred how his Father had resented his doing of that, as rash and indeliberate. And it seemed strange to him, that so many Negatives should be sworn to, especially with such aggravations of Epithets; as if one might not be firm enough to the Protestant Doctrine, unless he not only abjured Popery in bulk, but also by retail, in so many particulars, some where­of might be both uncertain and indifferent. And it seemed tyrannical over tender Consciences, to require such an Oath from all Persons, but more especially from Women and simple People who could not judge well, and so were not fit to swear in such nice points; therefore the King said, he looked upon the Remedy proposed as full as bad, if not worse, than the Disease. The Marquis was so far from denying this, that he confessed, he could hardly without straining of his own Conscience resolve on the doing of it himself, upon divers accounts; a chief one be­ing, that in disclaiming of Transubstantiation, the real presence of the Body and Blood of Christ was rejected, which he could not sign with­out declaring, that by real, he understood corporal (and this he accor­dingly declared when he signed it.) But to this he added, that it was the Idol of Scotland, and he saw no other way to reduce things to any temper, unless this Course were taken and followed.

He presented likewise to the King a Paper of all the Inconveniences, which were not only like to follow on the calling of an Assembly, but seemed certain: which Account was so full, that when the Bi­shop of Ross came up after that, being sent by the Bishops, to divert the King from calling an Assembly, His Majesty said, he offered no inconvenience could follow on it, but what the Marquis had laid out to the full before him. And now the King resolved to try the utmost of yielding, for the recovery of His Subjects; therefore he again di­spatched His Commissioner from Oatlands, on the tenth of September, with ample Instructions which follow.

CHARLES R.

I YOV shall in full and ample manner, by Proclamation or otherwise, as you shall see cause, The Marquis gets new In­structions. declare, That We do absolutely revoke the Service-Book, the Book of Canons, and the High Commission.

II You shall likewise discharge the practise of the Five Articles of Perth, not­withstanding the Act of Parliament, which doth command the same, and in the said Proclamation you shall promise, in Our Name, that if in the first Parliament to be held the three Estates shall think fit to repeal the said [Page 73] Act, We shall then give Our Royal Assent to the said Act of Repeal.

You shall likewise declare, that We have enjoyned, and authorized the Lords of Our Privy Council to subscribe the Confession of Faith, and Bond thereto III annexed, which was subscribed by Our dear Father, and enjoyned by His Authority in the year 1580. and likewise have enjoyned them to take order, that all our Subjects subscribe the same.

You shall likewise declare, That Our meaning and pleasure is, that none of IV Our Subjects, whether Ecclesiastical or Civil, shall be exempted from censures and trial of the Parliament, or General Assembly, those Courts proceeding a­gainst them in due form and order of Law.

You shall likewise declare, That we are Graciously content, that the V Episcopal Government, already established, shall be limited with such In­structions as may stand with the Laws of this Church and Kingdom al­ready established.

You shall offer a Pardon by Proclamation, and promise in it a Ratificati­fication VI of the same in Parliament, to all Our good Subjects, who shall rest satisfied, with this Our gracious Declaration, and hereafter carry themselves as becomes peaceable and dutiful Subjects.

You shall procure an Act of Council, wherein every Councellour shall declare VII himself fully satisfied with this our Declaration, and (if you can) they shall moreover solemnly swear and protest to adhere to Vs, and with their Lives, Fortunes, and whole Means, assist Vs in the punishing and repressing all such, as shall be found to be disobedient to Vs, or persist in turbulent and unpeaceable Courses; and if any of Our Councellours shall refuse so to doe, you shall presently remove him from the place of a Coun­cellour.

You shall likewise require every Lord of the Session to subscribe the Confes­sion VIII of Faith abovementioned, and the Bond t [...]ereunto annexed; as likewise to make the same Protestation in all things, as in the last Instruction is re­quired of a Councellour: and if they shall refuse to doe it, you shall then cer­tifie to Vs the Names of such Refusers.

You shall likewise declare, that Our Pleasure is, That a most solemn Fast IX be indicted upon a set day throughout the whole Kingdom, which shall pre­cede the General Assembly in some competent time. The Causes shall be decla­red, to beg Gods blessing on that Assembly, to beg of God a peaceable end to the Distractions of this Church and Kingdom, with the aversion of Gods heavy judgement from both. The form of Indiction we desire to be according to the most laudable Custom of this Church in most extraordi­nary cases.

You shall labour as much as in you lieth, that both the Electors, and Per­sons X elected to be Commissioners as the General Assembly, shall be the same that were wont to be in My Fathers time, and the same forms to be observed as near as may be; but yet if that cannot be obtained, it shall be no lett to you from in­dicting a General Assembly; but you shall go on in it, by all such means, as you shall find to be most advantageous to Me in that Service.

The time and place of the Assembly, (Edinburgh only excepted) We leave XI to your Iudgment and Pleasure.

You shall likewise presently indict a Parliament; th [...] time and place We XII leave likewise to you.

Whether you shall first publish Our Gracious Offers, or first indict the As­sembly, XIII We leave it to your own Iudgment as you shall see cause.

If you shall find the most considerable part of the Council not to acquiesce XIV [Page 74] in this Our Gracious Declaration, and not to promise hearty and chearful Assistance to Vs, as is above-expressed, or not a considerable part of other Lords and Gentlemen, in case Our Council refuse, then you shall neither in­dict Parliament nor Assembly, nor publish any of My Gracious Offers, ex­cept only the abolishing of the Service-Book, Book of Canons and High Com­mission; but leave them to themselves, and to such further Order, as We shall be forced to take with them: only if you foresee a Breach, you shall give time­ly warning thereof, to such as have stood well-affected to Our Service, that so they may in due time provide for their safety, and your self is to return to Vs with expedition.

XV You must by all means possible you can think of be infusing into the Mini­sters, what a wrong it will be unto them, and what an oppression upon the freedom of their Iudgements, if there must be such a number of Laicks to overbear them, both in their Elections for the General Assembly and after­wards.

XVI Likewise you must infuse into the Lay-Lords and Gentlemen with art and industry, how manifestly they will suffer, if they let the Presbyters get head upon them.

XVII For the Forms of these We leave to you, and such Learned Council as you shall use upon the place, always provided, that you retain the substance of these Our Instructions.

XVIII You shall enjoyn in Our Name the Lords of Council, and all other Our good Subjects to subscribe the Confession of Faith signed by Our dear Father; and publish Our charge to all Commissioners and Ministers for that end, according to the same, signed with Our Royal Hand; and further proceed in that par­ticular, according as We have directed you, and Our Council by Our Letter to that effect.

CHARLES R.
Oatlands the 9 th of Septemb. 1638.

With these His Majesty did also sign the following Instructions for his behaviour with the Bishops.

CHARLES R.

Instructions to be communi­cated to the Bishops.YOV shall shew My Lord of St. Andrews, that We intend by being content with his demission of the Chancellours Place no injury to him, and most willing We are, that in the manner of doing it he may receive no prejudice in his reputation, though we cannot admit at this time of his nomi­nating a Successor; and to make it more plain, that We are far from having any thought to affront him, by thinking of his demission, We will in no ways that you urge him to do it; yet you are to intimate, that in Our opinion a fair Demission will prove more to the advancement of Our Service, and be better for him, than if he should retain the Place.

If you find him willing to demit, you shall then try what consideration he doth expect from Vs, and if the same be not altogether unreasonable, you shall promise it in Our Name.

If a demission, then it is presently to be done.

If he resolve to hold that Place, then you must pr [...]sently command his re­pair to Scotland, all excuses set apart.

[Page 75]You shall communicate to him and the rest of his Brethren, that far of Our Intentions, that it is probable you may indict a General Assembly.

Thai We are content absolutely to discharge the Books of Service, and Ca­nons, and the High Commission.

You shall shew that the Five Articles of Perth We are pleased be esteemed as indifferent, and that though We maintain Episcopacy, yet We will be content that their Power be limited according to the Laws.

And it is Our further Pleasure, that if an Assembly be indicted, he and the rest of his Brethren be there, to defend themselves and their Cause: and for that end, that he and they repair to Newcastle, Morpeth, or Ber­wick, there to attend your further advertisement, that so immediately they may repair to Scotland, not only to answer for themselves at the said Assem­bly, but likewise to consult with you, what will be fi [...]test to be done, for the advancement of Our Service, that evil may be kept off, so much as in you and them lieth, both from Kirk and Commonwealth.

C.R.
Oatlands the 9 th September, 1638.

As for the Place where the Assembly should be held, The Assembly was to sit at Glasgow. though in the written Instructions it is referred to my Lord Commissioners choice, ( Edinburgh only excepted) yet it seems it hath been concerted betwixt the King and him where it should hold; for in a Paper concerning the Assembly, presented by the Marquis to the King, yet extant, where mention is made of the Place of the Assembly, the King with His Own hand interlined, (Glasgow if may be;) and without doubt, that was the fittest place: for as the City was large and convenient, so the Magi­stracy there was right set. Besides, it was next to the place of the Mar­quis his Interest, whereby his power for over-ruling them might have been greatest; neither was it fit they should go so far from the scene as Aberdeen (which was advised by my Lord St. Andrews;) since for the Strangers, it would have been all to one purpose, for thither they would all have flocked; and it seemed not so proper, they should meet in a Place or Country, which was still well set, lest the numbers and bold­ness of those Strangers, had either poysoned or frighted them from their Duty. But to make the whole matter clear, I shall here set down the Covenant and Bond, which were now enjoyned by His Majesty.

WE all and every one of us underwritten, protest, The National Covenant first signed by King Iames, and now received by the Kings Order. that after long and due examination of our Consciences in Matters of true and false Re­ligion, we are now thorowly resolved in the Truth, by the Word and Spirit of God; and therefore we believe with our Hearts, confess with our Mouthes▪ subscribe with our Hands, and constantly affirm before God and the whole World, that this only is the true Christian Faith and Religion, pleasing God, and bringing Salvation to man, which is now by the Mercy of God revealed to the World by the preaching of the blessed Evangel, and received, believed, and defended by many and sundry notable Kirks and Realms, but chiefly by the Kirk of Scotland, the Kings Majesty, and the Estates of this Realm, as Gods eternal Truth, and only ground of our Salvation; as more particularly is expressed in th [...] Confession of our Faith, stablished, and publickly confirm­ed by sundry Acts of Parliaments, and now of a long time hath been openly professed by the Kings Majesty, and whole body of this Realm, both in [Page 76] Burgh and Land: to the which Confession, and form of Religion, we willing­ly agree in our Consciences in all points, as unto Gods undoubted Truth, and verity grounded only upon his written Word; and therefore we abhor and de­test all contrary Religion and Doctrine, but chiefly all kind of Papistry in general, and particular Heads, even as they are now damned and confuted by the Word of God, and Kirk of Scotland. But in special we detest and refuse the usurped Authority of that Roman Antichrist upon the Scriptures of God, upon the Kirk and Civil Magistrate, and Consciences of men; all his tyrannous Laws made upon indifferent things against our Christian Liberty, his erroneous Doctrine against the Sufficiency of the written Word, the perfe­ction of the Law, the Office of Christ, and his blessed Evangel; his corrupted Doctrine concerning Original Sin, our natural inability, and rebellion to Gods Law, our Iustification by Faith only, our imperfect Sanctification, and obedience to the Law, the nature, number and use of the Holy Sacraments; his Five bastard Sacraments, with all his Rites, Ceremonies, and false Do­ctrine, added to the ministration of the true Sacraments, without the Word of God, his cruel Iudgements against Infants departing without the Sacra­ment, his absolute necessity of Baptism, his blasphemous opinion of Transub­stantiation, or real presence of Christs Body in the Elements, and receiving of the same by the wicked, or bodies of men; his Dispensations with Solemn Oaths, Perjuries, and degrees of Marriage forbidden in the Word, his cru­elty against the Innocent divorced, his devilish Mass, his blasphemous Priest­hood, his profane Sacrifice for the sins of the dead and the quick, his Cano­nization of men, calling upon Angels or Saints departed, worshipping of Ima­gery, Reliques, and Crosses, dedicating of Kirks, Altars, Days, Vows to Creatures; his Purgatory, Prayers for the Dead, praying or speaking in strange Language, with his Processions and blasphemous Litany, and multi­tude of Advocates or Mediators; his manifold Orders, Auricular Confessi­on, his desperate and uncertain Repentance, his general and doubtsome Faith; his Satisfactions of men for their sins, his Iustification by Works, Opus operatum, Works of Supererrogation, Merits, Pardons, Peregrinati­ons and Stations; his Holy Water, Baptizing of Bells, conjuring of Spirits, crossing, saning, anointing, conjuring, hallowing of Gods good Creatures, with the superstitious opinion joyned therewith; his worldly Monarchy, and wicked Hierarchy, his three solemn Vowes, with all the shavellings of sundry sorts; his erroneous, and bloody Decrees made at Trent, with all the Subscri­bers and Approvers of that cruel and bloody Bond, conjured against the Kirk of God; and finally we detest all his vain Allegories, Rites, Signs and Traditions brought into the Kirk, without or against the Word of God, and Doctrine of his true Reformed Kirk, to the which we joyn our selves willing­ly, in Doctrine, Faith, Religion, Discipline, and use of the Holy Sacraments▪ as lively Members of the same in Christ our Head; promising and swearing by the great Name of the Lord our God, that we shall continue in obedience of the Doctrine and Discipline of this Kirk, and shall defend the same accor­ding to our vocation and power, all the dayes of our lives, under the paines contained in the Law, and danger both of body and soul in the day of Gods fearful Iudgement: and seeing that many are stirred up by Satan, and that Roman Antichrist, to promise, swear, subscribe, and for a time use the Holy Sacrament in the Kirk deceitfully against their own Consciences, minding hereby first, under the external Cloak of Religion, to corrupt and subver [...] secretly Gods true Religion within the Kirk, and afterward where time may serve, to become open enemies and persecuters of the same, under vain [Page 77] hope of the Popes Dispensation, devised against the Word of God, to his greater confusion, and their double Condemnation in the day of the Lord Jesus.

We therefore willing to take away all suspicion of h [...]pocrisie, and such double-dealing with God and his Kirk, protest, and call the Searcher of all hearts to witness, that our minds and hearts do fully agree with this our Con­fession, Promise, Oath, and Subscription, so that we are not moved for any world­ly respect, but are persuaded onely in our Consciences, through the knowledge and love of Gods true Religion, printed in our hearts by the Holy Spirit, as we shall answer to him in the day when the secrets of all hearts shall be disclosed. And because we perceive that the quietness and stability of our Religion and Kirk▪ doth depend upon the safety and good behaviour of the Kings Majesty, as upon a comfortable Instrument of Gods Mercy, granted to this Country for the main­tenance of his Kirk, and ministration of Iustice among us, we protest, and pro­mise with our hearts, under the same Oath, hand-writ, and pains, that we shall defend his Person and Authority, with our Bodies and Lives, in the defence of Christ his Evangel, Liberties of our Country, ministration of Iustice, and punish­ment of Iniquity, against all Enemies within this Realm, or without, as we desire our God to be a strong and merciful Defender to us in the day of our Death, and coming of our Lord Jesus Christ, to whom with the Father and the Holy Spirit be all Honour and Glory eternally. Amen.

WE underscribing and considering the strait link and conjunction betwixt the true and Christian Religion presently profest within this Realm ▪ The Bond joyned to it. and our Soveraign Lords Estate and Standing, having both the self-same Friends and common Enemies, and subject to the like event of standing and decay; weighing therewithall the imminent danger threatned to the said Religion, the Preserva­tion whereof being dearer to us than whatsoever we have dearest to us in this Life, and finding in His Majesty a most Honourable and Christian Resolution, to manifest Himself to the World that zealous and religious Prince, which he hath hitherto professed, and to imploy the means and power that God hath put into his hands, as well to the withstanding of whatsoever foreign Force shall mean within this Land, for alteration of the said Religion, or endangering of the pre­sent State, as to the repressing of the inward Enemies thereto amongst our selves, linked with them in the said Antichristian League and Confederacy, have there­fore in the presence of Almighty God, and with His Majesties Authorizing and Allowance, faithfully promised and solemnly sworn, likeas we hereby faithfully and solemnly swear and promise, to take a true effauld and plain part with His Majesty, amongst our selves, for diverting of the appearing danger threatned [...]o the said Religion, and His Majesties State and Standing depending thereupon, by whatsoever foreign or intestine Plots or Preparations; and to that effect, faithfully, and that upon our Truth and Honours, bind and oblige us to others, to convene and assemble our selves publickly with our Friends in Arms, or in quiet manner, at such Times and Places as we shall be required by His Majesties Proclamation, or by Writ or Message directed to us from His Majesty, or any having Power from him, and being convened and assembled to joyn and concur with the whole Forces of our Friends and Followers, against whatsoever fo­reign or intestine Powers or Papists, and their Partakers, shall arrive or rise within this Island, or any part thereof, ready to defend or pursue, as we shall be authorised or conducted by His Majesty, or any others having his Power and Commission, to joyn and hold hand to the exe [...]ution of whatsoever Mean or Or­der shall be thought meet by His Majesty and His Council, for suppressing of the Papists, promotion of the true Religion, and settling of H [...]s Highness Estate, [Page 78] and Obedience in all the Countries and Corners of this Realm, to expose the ha­zard of our Lives, Lands, and Goods, and whatsoever means God hath lent us, in the defence of the said true and Christian Religion, and his Majesties Per­son and Estate, against whatsoever Iesuits and Seminary or Mass Priests, con­demned Enemies to God and His Majesty, to their utter wreck and exterminion according to the Power granted to us by His Majesties Proclamation and Acts of Parliament, to try, search, and seek out all Excommunicates, Practisers, and other Papists whatever within our bounds and Shire where we keep residence, and delate them to His Highness and His Privy Council, and conform us to such Directions as from time to time we shall receive from His Majesty and His Coun­cil in their behalfs: and so specially so many of us as presently are, or hereafter shall be appointed Commissioners in every Shire, shall follow, pursue, and travel by all means possible, to take and apprehend all such Papists, Apostates, and Ex­communicates, as we shall receive in Writ from His Majesty. And we the re­manent within that Shire shall concur and assist with the said Commissioners, with our whole Friends and Forces to that effect, without respect of any person whatsoever, and generally to assist in the mean time, and defend every one of us another, in all and whatsoever Quarrels, Actions, Debates, moved, or to be mo­ved against us, or any of us, upon Action of the present Bond, or other Causes depending thereupon, and effauldly joyn in defence and pursuit against whatso­ever shall offer or intend any injury or revenge against them, or any one of them for the Premises, making his cause and part that is pursued all our parts, not­withstanding whatsoever privy grudge or displeasure standing betwixt us, which shall be no impediment or hinder to our said effauld joyning in the said common cause, but to lye over and be misken'd, till they be orderly removed, and taken a­way by the Order under-specified. To the which time, we for the better further­ance of the said Cause and Service, have assured, and by the tenour hereof, every one of us taking the burden upon us for our selves, and all that we may let assure each other to be unhurt, unharmed, or any ways to be invaded by us, or any our aforesaids for old Feid or new, otherwise than by ordinary course of Law and Iustice; neither shall we or any of our foresaids, make any Provocation or Tu­mult, Trouble or Displeasure, to others in any sort, as we shall answer to God, and upon our Honours, and Fidelity to His Majesty. And for our further and more hearty Vnion in this Service we are content and consent, that all what­soever our Feids and Variances fallen, or that may fall out betwixt us, be within forty days after the date hereof amicably referred and submitted to seven or five indifferent Friends, chosen by His Majesty of our whole number, & by their mode­ration and arbitrement compounded and taken away. And finally, that we shall neither directly nor indirectly separate or withdraw us from the Vnion and Fel­lowship of the remanent by whatsoever suggestion or private advice, or by what­soever incident regard, or stay such resolution as by common deliberation shall be taken in the premises, as we shall answer to God upon our Consciences, and to the World upon our Truth and Honours, under the pain to be esteemed Trai­tors to God and His Majesty, and to have lost all Honour, Credit, and Estima­tion in time coming. In witness whereof, by His Majesties special Command, Allowance, and Protection promised to us therein, we have subscribed these pre­sents with our Hands at 1589.

The Marquis being thus again dispatched took journey to Scotland, and at Ferrybridge he met the Bishops, The Marquis finds the Bi­shops jealous of him. to whom he signified His Maje­sties Pleasure, at which they seemed infinitely grieved, and spoke against it with so great vehemency, as clearly told they were no way pleased [Page 79] with the Marquis: yet they resolved to keep the Assembly, and in the mean while to send one of their number to Court, to which he gave way. The Archbishop of S. Andrews seemed willing on a good Com­position to quit his Place of Chancellour, and the Marquis offered him 2500 l. S [...]erlin, with which he was satisfied.

Hitherto the Marquis had wrestled against the Malice and Jealousies of the Covenanters, and now Storms begun to rise from another Hand, which ceased not to persecute him to his Grave: but the Truth of this Narration will best discover both their Injustice who charged him, and his Innocence.

He holding on his Journey came to Holyroodhouse on the 17 th of Sep­tember, He comes to Scotland, and finds some Jealousies a­mongst the Covenanters. where he found Jealousies beginning to arise betwixt some of the wiser Ministers and the Lords of the Covenant, concerning the Lay-ru­ling-elders, which he was resolved to cherish with all the Art he was ma­ster of; causing some represent to the Ministers, that if they gave way to that inordinate Power Gentlemen were pretending to in Church-matters, it might end in a greater Servitude than any they had ever rea­son to fear from either King or Bishops: this was well considered by many, but they were over-ruled. He also found the Covenanters were ready immediately to have indicted an Assembly, if he offered at any more delays; and therefore resolved to give them present satisfaction. But his first Work was to deal with the Lords of the Council, most of whom he found abundantly satisfied with His Majesties Gracious Offers: so that he began again to gather some hopes, and to the first accounts he gave His Majesty he had the following Return.

Hamilton,

IF I should be too long silent, I might seem to contradict that Rule which my self prescribed; therefore, though for the present I can say nothing of the main business, yet this must go if it were but to acknowledge the receipt of your two, viz. of the 12th of Septem­ber from Ferribridge, and of the 17th of the same from Holyrood­house. So referring you to the Comptroller for what concerns the Ordnance that is to be transported to Hull, I rest

Your assured constant Friend, CHARLES R.
Hampton-Court; 22 Sept. 1638.

Upon the 20 th of September the Covenanters sent to ask the Marquis when they might wait on him to know His Majesties Pleasure: The Marquis lets the Kings intentions to be known, he an­swered, when they would; for he was resolved to hold a Council next day, and the day following to publish it. So on the 21 th in the morn­ing they came to him: he told them he was going to Council to make His Majesties Pleasure known, which should be also known at the Cross next day; but for their present joy he told them, that the King had granted all they had desired, and more also, and that a free Assembly and Parliament should be immediately indicted. Some did hang their heads, and seemed surprized, yet they expressed thanks. He also spoke [Page 80] frankly to some of them, telling them what the particulars were which His Majesty had granted; for having opened them to so many PrivyCoun­cellours, at which the Covenanters were troubled. he could not think but all was known to them. They seemed reasonably well satisfied, onely they pressed him to desist from renewing the Confession of Faith; for they clearly saw that this could not but take off a great many, and would heal most of the Subjects of the Jea­lousies they had been infusing in them: but he resolved to hear of no delay, having made most of the Councellours sure before-hand, and that by Oath. The Council sat in the afternoon, and it was a very frequent Meeting. After they were set, the Marquis with all the Art and Indu­stry he could think of, He proposes the matter in Council, laid out His Majesties Gracious Intentions for the Preservation of the true Reformed Religion, and the Laws and Liberties of that Kingdom; and that for the saving it from utter ruine, and keep­ing of peace in the Land, he had done many things to which he had ne­ver been induced to have given way, except out of that Considera­tion.

Then was the Kings Letter to the Council read, which was of the same strain with the Instructions, after which there was a general silence. But the Marquis (not willing that should last long, much less that any whose affection he suspected should begin the Discourse) desired Tra­quair to speak, who spoke (as he used to do) both long and well. Af­ter that he called up ten or twelve of whom he was most assured, who expressed their satisfaction to the full. Then he pressed it might be put to the Vote, which was there debated at length, but some desired they might proceed more maturely, since it was a Confession of Faith they were to sign. This could not be refused, and so was followed by a long debate, and in end many desired, they might not be put to sign it that night. The Marquis remembring the Disorder had followed upon the last Act, and resolving not to run such a risque again, said, he did not desire it should be signed that night, but that they should be ready for it next morning; withall protesting, he would have none sign it, but such whose Consciences were satisfied, and who were ready to hazard Life and Fortune in the prosecution of it: and so after he had caused Registrate His Majesties Letter, they rose about ten a clock at night.

Most part of that night he spent in labouring those who had Scruples, and consulting with such as were well affected.

In the morning the Clerk-Register and Kings Advocate came to draw the Forms of indicting the Assembly. The Kings Advocate seemed un­willing it should be according to the style used in King Iames his latest times, and much op­posed by the Covenanters. but he was over-ruled. About six in the morning the Earl of Rothes, and many of the Covenanting Lords, desired access; and the Marquis calling as many of the Council together as could be had of a sudden, admitted them. Rothes in the name of the rest said, they heard the Council were to sign the old Confession of Faith, and to publish a Declaration thereabout, which they desired might be delayed till Mon­day next, and then they doubted not to be able to give good reasons why they should not doe it. The Marquis replied, he should return them an Answer by the advice of the Lords of the Council quickly; and from them he went to Council, being firmly resolved to admit of no de­lay, knowing that it was sought on design to divide the Council. The Covenanters upon their Petition were called in to the Council, and they raised a long Debate which lasted about four hours, and in the end [Page 81] no delay was granted, at which the Covenanters were infinitely discon­tented, and went away not without some big words. At length after three hours more debate amongst the Councellours, The Council [...]est satisfied with His Maje­sties offers; it was carried with­out a contrary voice, that the Confession should be presently signed: next, the Proclamation of Grace was ordered to be published, with an­other for indicting an Assembly at Glasgow the 21 th of November, and another for a Parliament at Edinburgh the 15 th of May next: then they passed an Act, declaring their full satisfaction with His Majesties Con­cessions, together with a Letter of Thanks to His Majesty, expressing their full satisfaction, with large Engagements to adhere constantly to His Ser­vice; and so they rose at four a clock, having sate from seven in the morning.

The Proclamations were immediately sent to the Cross, yet the Cove­nanters pro­test. which there met with Protestations: but many judged they went upon Grounds so weak, that it was visible they were designed for no other end, but to keep the People from being satisfied, and to hinder the Subscription of the Confession and Bond. Many of the Council were displeased with the Protestation, and swore to the Marquis, that since Religion was now secured, they would appear in another manner for the Kings Interest; but all he could do could not persuade them to pass a Censure upon the Protestation as Seditious. Next, there were Commissions given out for the Shires to seek in Subscriptions to the Confession of Faith; and the Earl of Rothes, and some other Covenanters were joyned in the Commission for the several Shires: which was censured by many, but most of all by the King himself, who knew not how to construct of this, as will appear by a Letter which will be inserted in its place. But most of the Councel­lours were earnest for it upon these Reasons, that it gave these Lords a fair opportunity of retreating if they would accept of it; it might also con­firm all that the Kings Indemnity was designed to be Real, when such persons were so soon trusted: it might give some Jealousie to the other Covenanters against those who were so trusted, as if under-hand they had given some Engagements. But chiefly the Body of the People would be very much persuaded that the thing was designed in earnest, when they read those Names in the Commissions. Upon these Grounds the Mar­quis yielded to the desires of the Councellours, and the King was fully satisfied when he was informed about it; which will quickly appear. Upon the notice His Majesty had of what passed, he wrote the following Letter.

Hamilton,

I Have no time now to make my observations upon your Proceedings, therefore now I shall onely tell you that I approve them all, (in what concerns your part of them;) and that not onely so, but that I esteem it to be very great Service (as the times are.) This much I thought necessary at this time to encourage you in your Proceedings: my next shall be longer, yet this is enough to assure you that I am

Your assured constant Friend, CHARLES R.
Hampton-Court 30 Sept. 1638.

[Page 82] This being done, the Marquis his next Work was to preserve Episcopa­cy, which was in visible hazard, since the worst-affected every where were chosen Commissioners for the Assembly: The Marquis apprehends the design a­gainst Episco­pacy. and of this he advertised the King, desiring him to go on with his Preparations for fear of the worst: and particularly he remembred him of the Resolution he had ta­ken about Berwick, which was, that because Souldiers could not be le­vied in England, and sent thither, without making a direct Breach; therefore a thousand and five hundred Souldiers should be levied in the Prince of Orange his Name in Holland, and these be suddenly ship­ped, and as suddenly landed at Berwick for securing of that place. But withall he advertised His Majesty to go on with much secrecy, lest the Covenanters might take the start of him; and therefore he advised the stopping of a Magazine that was to be sent to Hull, which since it was not presently to be made use of, he thought might lie as well in the Tower of London as there. And to this Dispatch he had the follow­ing Answer.

Hamilton,

I See by yours of the 27th of September, that the Malignity of the Covenanters is greater than ever, so that if you who are my true Servants do not use extraordinary Care and Industry, my Affairs in that Kingdom are likely rather to grow worse than better: therefore, you that do your endeavours accordingly deserve the more praise, and your opposers the more punishment; and in my mind this last Prote­station deserves more than any thing yet they have done, for if raising of Sedition be Treason, this can be judged no less. And methinks if the Colledge of Iustice have signed my Covenant, (which I hope they have, because I hear nothing in the contrary) it were no impossible thing to get them to doe me Iustice in this particular. And this I will say confidently, that until at least the Adherers to this last Pro­testation be declared Traitors, nothing will go as it ought in that Kingdom; I say this not to alter your course, but onely to shew you my opinion of the State of Affairs.

As for the danger that Episcopal Government is in, I do not hold it so much as you doe; for I believe that the number of those that are against Episcopacy (who are not in their hearts against Monar­chy) is not so considerable as you take it.

And for this General Assembly, though I can expect no good from it, yet I hope you may hinder much of the ill; first, by putting Divi­sions among them concerning the Legality of their Elections, then by Protestations against their Tumultuous Proceedings. And I think it were not amiss if you could get their Freedom defined (before their Meeting,) so that it were not done too much in their Favours. And I hope you will remember to weigh well the Propositions for the Assem­bly, [Page 83] and send them up to me with all convenient s [...]eed. I have se­conded your Letter to the Major of Newcastle for the freeing of these Horses, and have stopped all Provisions according to your advice at Hull; yet methinks now they may be avowed to go against those that will not rest satisfied with what you have lately done in my Name. But in this I assure you that I take your advice; and so I rest

Your assured constant Friend, CHARLES R.
Hampton-Court, 20 Octob. 1638.

Now the Covenanters were not idle; and two Stories were at this time not a little talked of. The one was about one Mistress Mitchelson, The pretend­ed Prophetess. who was judged a devout person; (a zealous Covenanter she was) she was troubled with Vapours, and, as is incident to persons in that con­dition, spoke as one transported, and most of all her Raptures were a­bout the Covenant: she did also inveigh severely against the late Act for signing the Confession of Faith. This was highly magnified, and she was spoken of as a person inspired of God, and her words were recited as Oracles, not a few taking them from her mouth in Characters. Peo­ple of the best Quality came to see her in her Fits, and she was brought to the house of a noted Covenanter, and laid in a large Bed-chamber, which was always crowded to the doors; she was called an Impostress by many, but those who understood Nature better, knew the root of her Distemper, which to have called so at that time had met with a high Censure: though, it afterwards abating, they were willing to de­fend it under that notion, and counted them favourable who believed no worse of it.

The other Story was of one Abernethy, who from a Jesuit Priest turned a zealous Presbyterian; A Jesuit turns Presbyterian. and had learned so much falshood in the Jesuits School, as to forge a Story of the Liturgy of Scotland being sent to Rome to some Cardinals to be revised by them; and that Signior Con had shewed it to himself there. Upon the report of this, the Mar­quis wrote to Con, who was then at London: but Con protested seri­ously, he never so much as had heard of a Liturgy designed for Scot­land, till he came last to England; that he had never seen that Aber­nethy at Rome, but once, and finding him light-headed, had never a­gain taken notice of him: yet Abernethy's Story had a ready belief, as well as a welcome hearing; though the lightness and weakness of the man became afterwards so visible, that small account was made either of him or his Story, which at this time took wonderfully.

Upon the 24 th of September a new debate arose in the Council, which had almost set all wrong again. Some at the Board, whose hearts were with the Covenanters, moved that it might be declared, That matters of Discipline and Ceremonies were points of Faith; this was at length debated and determined in the Negative. The Marquis his next care was, to write to all the Kings Friends through Scotland, The Kings Proclamation published over Scotland. that they might see His Majesties Proclamation published, and get in as many Subscriptions to the Confession of Faith as was possible, and do their utmost to see that the Elections of the Commissioners to the Assembly [Page 84] might be well considered: but in none did he confide more, and to none did he write more freely than to the Marquis of Huntley, who ex­pressed great zeal for His Majesties Service, of which he gave the King a full account; and as he saw cause, he moved His Majesty to write divers Letters for encouraging all His good Subjects. The Doctors of Aberdeen were also much cherished by him, The Marquis does all was possible to prepare things for the Assem­bly. and very kindly recom­mended to the King; neither was any thing omitted that might che­rish such as he saw well-affected to His Majesties Service. He caused also draw a Remonstrance against Lay-elders, and sent it through the Country, to get as many Ministers Hands to it as was possible against the Sitting of the Assembly. He was likewise very earnest with the Doctors of Aberdeen to have come to Glasgow to the Assembly, find­ing them the only persons then in Scotland fit for undertaking the de­fence of Episcopacy; he was to have sent one of his Coaches to the North for them, but that Road being always bad for a Coach, was unpassable in Winter; and the Doctors were so extremely averse from coming, that he could not importune them any further, since he saw it was resolved, that though an Angel from Heaven should come to plead for Episcopacy, all would be rejected. He also discovered the Prelimitations which the Tables were setting on the Assembly, by the Orders they sent through all the Presbyteries, both about Lay-elders, and that none should be chosen save Covenanters, and chiefly those that were able to argue on those Heads that were under debate. In the mean time he went home to Hamilton, to get those of Cliddisdale to sign the Confession, the Justice-Clerk having gone before him to Glasgow, and published the Proclamations there; but he himself met with more difficulty in Cliddisdale; yet he overcame most of them, though they had been strangely wrought upon to resist him: of all which having given the King an Account he had from Him the follow-Letter.

Hamilton,

I Confess this last Dispatch does more put me to seek how to judge of the Affairs of that Kingdom, than any that I have yet received; for I did not think that you would have met with so much opposition within your bounds, since (as I thought) you past well over a greater difficulty, to wit, the Peevishness of the Council. The cause of this I judge to be, that you did not make so much opposition against the Protestation as it deserved, though (I believe) as much as you could. But one thing I desire you to send me the reason of, which is, why you have mingled the Protesters with my good Subjects, as Commissioners in most of all the Shires, for the procuring of Subscriptions to my Bond: now it seems to me, that this will make the Covenanters op­pose my Service with a shew of more Authority than otherwise they could, (and certainly you cannot but imagine, that they must oppose that that they have protested against;) for by this the ignorant Multitude may be brought to believe, that my Council have either [Page 85] admitted, or at least do not gainsay, the Protestation: yet whether I be right in this or not, I will suspend my Iudgment, even of my own Opinion, until I hear from you. But one thing I will confident­ly affirm, that until most of the Council express themselves vigo­rously in detestation of this last damnable Protestation, never look for any Obedience there. In the latter end of your Letter, you are very careful not to give them cause of Fears of my Preparations, or hinder­ing theirs; yet in the middle persuade to hasten on Mine: now, be­sides that this seems to me a Contradiction, I think that there is as much (if not more) danger now, that they should imagine I fear to displease them, than to make them scar at my Preparations, or for stopping of theirs; for now that the pretext of Religion is (I dare say) fully satisfied, fearful Proceeding now may hazard the loss of the little Party we have, by making them probably fear, that I either cannot, or dare not maintain my own Authority. But I doubt not your Dexterity and Diligence will help me to break through these difficulties, and so I rest

Your assured constant Friend, CHARLES R.
Hampton-Court, 9 Octob. 1638.

This Letter seems of another strain than the former; but as soon as His Majesty was informed of the Reasons, which were given in the former account of the Proceedings of the Council the 22 th of Septem­ber, which were forgotten by the Marquis in the long Dispatch, he then sent, he was well-satisfied, as will appear by His Letter bearing date the 24 th of October to be inserted in its due place.

Many every where did at first offer to sign the Confession, The Covenan­ters do much oppose the signing King Iames his Co­venant. and the Covenanters seeing an inclination in most persons to return to their Duty, forgot nothing could be devised, to fill the Peoples minds with new Jealousies, as if the King were but abusing them, and intended the performance of nothing that was promised; all being done only to to evite the present Storm, which would be no sooner calmed, but they might expect worse Usage than ever: and with this they added a great many Reasons to perswade all, that it was Perjury for such as had ta­ken the Covenant, to sign the Confession. And the sins of Scotland being so great, that they were to be punished with a tract of bloody Civil Wars, God in his holy and wise Judgments permitted the poor People to be so blind in their Obedience to their Leaders, that these Arts took universally with them; to which may be justly imputed all the mischiefs that Kingdom hath smarted under ever since.

The Covenanters were no less careful to see well to the Elections for the Assembly, the Ruling-elders coming to all the Presbyteries, Great disor­ders in Electi­ons. and be­ing of one knot, and men of power, carried the Elections as they plea­sed; for there being an Elder out of every Parish, they equalled the Mi­nisters in number, but exceeded them when the Election was voted, all [Page 86] the Ministers who were on the List, and were ordinarily six or seven, be­ing removed; yet in many Presbyteries Protestations were used against them by some Ministers. The Marquis seeing how things were carried, and having Informations from all places of the unlucky Elections, begun to draw up the Nullities of the Assembly, sending the particulars to the King as he had them; advising him withall to go on more frankly with his Preparations, since he saw it impossible to prevent a Rupture a Glasgow. And it was now apparent to him, that the Factious Spirits among the Gentry and Ministry were resolved to receive no satisfaction from any thing the King could offer, how just and rational soever.

The Kings Declaration was published through all the Shires in Scot­land; in some it met with Protestations, but in other places the Marquis his diligence in sending the Commissions for it had prevented the Tables.

Most of the Councellours were slack in procuring of Subscriptions, yet in all there were twenty eight thousand Subscribers; of which number those the Marquis of Huntley procured made twelve thou­sand.

The Bishop and Doctors of Ab [...]rd [...]n sub­scribed the Kings Cove­nant.But I should be injurious to the Memory of the Bishop and Doctors of Aberdeen, did not I mention how they signed the Confession, it being presented to them by the Marquis of Huntley. The matter is little known, and the Original is in my hands, therefore it will not be unpleasant that I relate how they signed it with these seven Restrictions, which I shall set down in their own Words.

FIrst, we do heartily abhor and condemn all Errours truly Popish, or repug­nant to the Holy Scripture, and consequently to the Vniform Doctrine of the Reformed Kirks, and to our National Confession registred in Parliament An. 1567.

Secondly, we do no ways hereby abjure or condemn Episcopal Government, as it was in the days, and after the days, of the Apostles in the Christian Kirk for many hundreds of years, and is now conform thereto restored in the Kirk of Scotland.

Thirdly, we do not hereby condemn nor abjure the Five Perth Articles, or any thing lawful of that sort, which shall be found by the Church conducible at any time for good Policy and Order, or which is practised by any sound Reform­ed Kirk.

Fourthly, we still hold to that Clause of our great National Confession, (chap. 20. art. 21.) that the General Councils, and consequently the National Kirk of Scotland, have no power to make any perpetual Law which God before hath not made.

Fifthly, by the adhering to the Discipline of the Reformed Kirk of Scotland, we mean not any immutability of that Presbyterial Government which was An. 1581. or of any other Humane Institution: but we do hereby understand that the Ecclesiastical Iurisdiction and Discipline of the Kirk of Scotland doth not depend on the Pope of Rome, or any other Foreign Power; and hereby we do confess our constant Obedience to the Kirk of Scotland in all her lawful Constitutions.

Sixthly, we do not presume by this our personal Oath either to prejudge the liberty of the Kirk of Scotland, to change and reform this foresaid short Con­fession, in some ambiguities and obscure expressions thereof, whereupon some men have builded inconvenient Interpretations and Doctrines, or to exime our selves from Obedience to the Kirk in that case.

[Page 87]Seventhly, by this our personal Oath we do not take upon us to lay any further Bond upon our Posterity, than the Word of God doth, recommending onely our Example to them, so far as they shall find it agreeable to Gods Word.

In this sense as is said, and no otherwise, do we subscribe the said Confessi­on, and the general Bond annexed thereunto,
at Aberdeen Octob. 5. 1638.
Signed,
  • Ad. Aberdonen.
  • John Forbes D. and P. of Div.
  • R. Barrone D. and P. of Div.
  • Al. Rosse D.D.
  • Ja. Sibbald D.D.
  • Al. Scrogie D.D.
  • Wil. Lesley D.D.

These Explanations were too just not to be accepted of by the Marquis of Huntley; but lest an humour of annexing Explications might have run through others from their example, which might have not onely retard­ed the Work, but occasioned new Grounds to the Covenanters to quar­rel this Confession, he kept the matter secret, and took their Subscrip­tion in a Bond apart, and so sent it to the Marquis. But leaving to the Reader to judge how judiciously cautious these Exceptions were, I quit this Digression and go on.

From all places some Subscriptions were brought, except from Argyle­shire, my Lord Argyle alledging, that since the Assembly was so near, all desired to be excused till it had sate and determined about it. This con­firmed the Jealousies of him, it being well known how absolute his Au­thority was in that place.

The Marquis returned to Edinburgh about the 20 th of October, but was much disordered to find neither my Lord S. Andrews, nor the other Bi­shops, come thither as he had appointed; so that he was left destitute of Council how to resolve on the legality of his Procedure at the Assem­bly: yet having advised with such as he durst trust about the Method in which he was to go on at Glasgow, he drew it up, and sent it to my Lord of Canterbury, to communicate it to His Majesty. Likewise those Bi­shops who stay'd in Scotland, having pressed him earnestly to prorogue the Assembly, foreseeing what was like to follow on it, Some advise to prorogue the Assembly. he advertised His Majesty of the hazards which on the one hand were visible; but on the other hand, if it were prorogued it would not fail of fortifying the Jealousies the Covenanters had spread, as if the King intended not to observe what he promised; which might work much on the Vulgar. Besides, he saw grounds to fear, that most of the Council would desert him if it went to that; and certain it was, that the Covenanters would not obey, but keep the day onely with this odds, that they would hold it at Edinburgh: he therefore judged it fitter the day should be kept, and His Majesties Gracious Offers first proposed, and next the Nullities of the Elections examined, and then the Bishops Declinator offered; and by that time there was no reason to doubt they would give too good grounds for dissolving them. All this he submitted to His Ma­jesties Judgment, adding, that if he thought fit to prorogue it, there were grounds enough from the Actions of the Covenanters for justify­ing it, but a present Rupture would be unavoidable; to which he re­ceived the following Answer.

Hamilton,

YOu will receive a particular Answer by my Lord of Canterbu­bury of all your Propositions touching the Assembly, wherein you will find that my Alterations are rather circumstantial than ma­terial. As concerning the way of your Proceeding, though I con­fess of importance to my Service, you foreseeing rightly what my Iudg­ment would be of them; yet I dare say, I have left them as full as any of my Proclamations or Declarations, and why I should go fur­ther I see no reason; for certainly those that will not be contented with what I have done already, will be less contented if I should d [...]e more. As for the Opinions of the Clergie to prorogue this Assembly, I utterly dislike them, for I should more hurt my Reputation by not keeping it, than their mad Acts can prejudice my Service; wherefore I command you hold your day: but (as you write) if you can break them by proving Nullities in their Proceedings, nothing better. Lastly, concerning Assessors, I like their Names, and (as you say) you must not suffer me to lose my Privilege. To conclude, I like your way well, and hope (upon consideration) that you will not mislike my Altera­tions; for I will make none in being

Your assured constant Friend, CHARLES R.
Havearing, 29 Oct. 1638.

In the end of October the Earl of Rothes, with the other Covenanters, petitioned for a Warrant to cite the Bishops to appear before the Assem­bly: The Cove­nanters sum­moned the Bi­shops to the Assembly. the Marquis answered, the Law was patent, and there were legal ways for citing all such as were either within or without the Country; but for him to give Warrants, it had never a President, and so could not be granted; for it was enough that he did not protect them against a fair Trial: whereupon the Covenanters addressed themselves to the Presbytery of Edinburgh for it, who gave Warrant for the most scanda­lous Summons that was ever heard of in the Christian Church, which is to be seen in the large Declaration, wherein all the Bishops were cited as guilty of Heresie, Simony, Perjury, Incest, Adultery, Fornication, Breach of the Sabbath, and what not! to which they added respectivè, which many said was on design to abuse the poor Vulgar, who could not un­derstand the importance of that Law-term, but would undoubtedly be­lieve them all guilty of these Crimes. This was ordered to be read in the Churches of Edinburgh, but carried so secretly, that it was onely on the Saturday-night before that the Marquis had notice of it; whereup­on he presently sent to require them under pain of Treason to forbear, but that was not formidable to them: so notwithstanding that, it was read in the Colledge-Church of Edinburgh after Communion, and order­ed to be read in all the Churches over Scotland, and accordingly done.

[Page 89]They sent also Orders through all Scotland to search into the Bishops Conversations, that all their escapes being gathered together, and Wit­nesses being cited to Glasgow, they might find pretexts of Justice to se­cond the fervour of their Zeal.

Upon the first of November the Session sat down at Edinburgh, The Session sits, and most of the Lords sign the Kings Covenant. and the Marquis having dealt with all the Lords of that Court before, went thither to get them to sign the Confession of Faith: some desired a de­lay, and this raised a Debate of three hours; at length nine of the fif­teen signed it, two were absent, and four refused: but those who signed it durst hardly walk the Streets, so odiously had the Ministers represent­ed the Confession to all.

At this time the Marquis got the Earl of Marre to resign the Castle of Edinburgh to the King: The Castle of Edinburgh in the Kings hands. five thousand pounds Sterlin was that he de­manded for it, but he was brought to accept of two thousand; and be­cause the Earl of Marre would not meddle with the Exchequer for payment, the Marquis gave him Security out of his own Estate for it; and at the same time the Archbishop of S. Andrews resigning the place of Chancellour, he gave him also Security for two thousand five hun­dred pounds Sterlin out of his own Fortune: so ready was he to go through with His Majesties Affairs, and to hazard the ruine of his For­tune and Family; for the Treasury of Scotland was so entirely exhaust­ed, that there was no Money in it. And though no Payments were made the Marquis for the great Expence he was at, yet in all his Letters to the King he never once complained of it; nor did he press the King to send him Money, except onely ten thousand pounds Sterlin, which he earnestly called for to distribute among the Bishops, and other poor Mi­nisters who were ruined for their Duty to the King; and though this was not sent, he suffered none of them to be pinched, but supplied them in all their straits, for which the Bishops made great Acknowledgments not onely to himself, but to my Lord of Canterbury, who returned him many thanks in their Names. Concerning all these particulars His Maje­sty wrote to him the following Letter.

Hamilton,

THe Letter that Ro. Lesley gave me this day from you, though it be long, yet will require but Answer by me in two particulars; (the rest you will find answered by my Lord of Canterbury) to wit, the Castle of Edinburgh, and the Supply of Money to the Bishops. To the first I totally agree, both for the Man to be put into it, and the Summe of Three thousand pounds S [...]erlin, if you can draw it no lower; for the other, I cannot say how soon I shall be able to doe it, Expence daily increasing, and in particular the securing of Berwick and Carlisle being of necessity to be done (as you know) in the middle of the next Moneth. But I hope in God at furthest before Christmass, yet I cannot promise it with that secrecy that would be wished: for I find the way by the Prince of Orange both unpracti­cable [Page 90] and unsafe. So both pitying and praising your Pains in my Service, I rest

Your assured constant Friend, CHARLES R.
Whitehall, 8 Nov. 1638.

Ruthwen made Governour, but the Castle is ill furnished.Having got the Castle of Edinburgh into his hands, he advised the King to trust Gen. Ruthwen (who had returned from the German Wars load­ed with Fame) with the keeping of it; to which His Majesty consent­ed. And this may sufficiently clear the Marquis of all other Designs, but those his Duty inspired him with; since to the greatest Trust in Scotland, considering those Times, and the Command that Castle hath over Edinburgh, he recommended one whos [...] Loyalty was as invincible as his Courage. But the Marquis having visited the Castle, found it in the worst case imaginable, not a Musquet but one in it, and it not for Service: very little Powder, and not a Yard of Match. The buying the Command of the Castle made so great a noise, that he durst not pro­ceed to the furnishing it with Men, Victuals, and Arms, all which were wanting, till the first Heats were over, and the Body of the Covenant­ers had gone to Glasgow; for besides that they set Guards about it, had they set upon it, they would have infallibly carried it, by starving them within, who were able to doe them no hurt. Ruthwen would not go to the Castle till it were better furnished, neither did the Marquis think fit to change the Captain of it too soon. But finding him no Cove­nanter, and having taken his Oath in writing, which is yet extant, ne­ver to surrender it but with his Life, he laid down the best course he could for furnishing it; which he got no opportunity to doe, as we shall see hereafter.

Now was the Bishop of Ross, Bishop of Ross comes from London. whom my Lord S. Andrews and the other Bishops had sent to London, dispatched home again, who brought with him the following Letter from His Majesty.

Hamilton,

I Would not answer your two of the 14th and 15th of this moneth till I had fully dispatched the Bishop of Ross, whom I have sent away not onely well instructed, but well satisfied with my ways. It is true that his Instructions were not totally according to our Grounds, but I made him alter (I am confident) as well in Iudg­ment as Obedience; for upon discourse he much approved of my Al­terations, confessing likewise, that you upon the place may find reason to make more; wherefore all is referred to you, as well what I an­swered, as what not: so leaving and recommending him to your care, I come to answer your last Letters, with the account of which I am much more satisfied than your other Dispatch before; as likewise you have fully satisfied me in all my Queries, and in particular I confess clearly, you had reason to joyn the Covenanters with my honest [Page 91] Servants, for procuring of Subscriptions to my Bond, because I see the Council would have it so. But certainly it had been better other­wise, if you could have done it with their consent. In short, I am truly and fully satisfied with all your Proceedings, so that you may be confident that I am

Your assured constant Friend, CHARLES R.
Whitehall, 24 Octob. 1638.

The draught of the Bishops Declinator was revised by the King, The Kings Observations on the Bishops Declinator. and His Majesty made divers Observations and Amendments with his own Hand, yet extant: which Paper, though not so clearly to be under­stood, unless the first draught of the Declinator were to be set down with it, which is not in the Writers power; yet may give some satisfa­ction, and at least will both shew how tender His Majesty was of any thing which might give new Irritations to his distempered Subjects, and how diligently himself reviewed all Papers.

His MAJESTIES Observations upon the Declinator.

CHARLES R.

THe second reason to be advised with my Lord Commissioner, whether or I not it be safe at this time to except against the Form of the Publication of the Indiction of the Assembly.

The third is a very good reason against the Proceeding of the Assembly, but II will not infer a Nullity.

In all the reasons where the Assembly is called a pretended Assembly, it is III His Majesties Pleasure, that the word pretended be deleted out of the Copy shewed to His Majesty.

For the seventh reason, if it offend not the inferiour Clergie, His Majesty is IV contented with it.

In the ninth reason, to omit the precondemning of the Service-book, Book of V Canons, and High Commission.

The tenth reason is so full that the eighth may be totally omitted. VI

The eleventh reason militates abundantly against all those who hold such Te­nets, VII that they cannot Voice in the Assembly, though it infer not an absolute Nullity of the Assembly.

The thirteenth de loco tuto, & accessu tuto, to be totally omitted. VIII

The fourteenth and last to be totally omitted. IX

In the conclusion thereis one clause marke [...] by His Majesties own Hand, X which is to be omitted.

Whitehall, 19 th October, 1638.

[Page 92]The Marquis having got clear Directions in every particular, (for not so much as the Speech he was to have at Glasgow but was sent up, and returned with the Kings Superscription, a few lines of the first draught being onely dashed out by His Majesty;) he resolved to set out for Glasgow on the 16 th of November. But before he went he decla­red in Council, that His Majesties positive Pleasure was, that Episcopa­cy might be limited, but not abolished; and delivered them a Letter from the King, commanding them to follow him to Glasgow; and re­quired the Kings Advocate to prepare himself to defend Episcopacy to be according to the Laws of Scotland, he answered, that it was against his Conscience to doe so, and that he judged Episcopacy both con­trary to the Word of God, and to the Laws of this Church and King­dom. This brisk Answer, though it was no surprize to the Marquis, put his temper to a greater trial than any thing he met with in Scot­land: he threatned him with taking his Place from him, but he answer­ed him boldly, that his Right to it was ratified in Parliament. So he could do no more for that time but command him not to come to Glas­gow, which he obeyed.

On the 17 th of November the Marquis came to Glasgow, The Marquis goes to Glas­gow. and thither came to him a Letter from the Bishops of Ross and Brechin, whom he left in Hamilton till he had opportunity of conveying them securely to the Castle of Glasgow, which he did. The night after he received the Letter that follows.

May it please your Grace,

WHat came from my Lord S. Andrews is herewith enclosed. We hum­bly and heartily thank your Grace for your excessive favour and kind­ness towards us; we must take it the more kindly, that we know at such a time it is to let others see what respect your Grace carries to our Coat: for our selves we could more willingly chuse a more sober diet and less ease; consider­ing our own Sins, and the difficulties of the Times, do admonish us rather to fast than feast, to afflict our Souls rather than to relish any worldly pleasure. But above all we two for our selves, and in name of our Brethren, do with most thankful hearts acknowledg your Graces most pious care of the Liberties of this poor distressed and distracted Church; and especially the sollicitude and care your Grace hath, that our Protestation be orderly done, secretly kept, and seasonably presented, before either the Cause, or we [...]hat are Bishops, suffer wrong. It is that which now concerneth us most and is dearest to us, both for Conscience before God, and our credit to the present Age and future; and we cannot express how happy we are to have in this Exigent such a Pious and Noble Patron, careful and sollicitous with the most tender affection both of our Cause and Persons, where otherwise (with the greatest loss, at least hazard, can be, to discharge our Duty to God and his Church) we should be necessitated to doe it our selves, and haply neither with so much safety nor honour. God will reward your Grace we are confident, and bless your Grace and yours; for we dare aver in this Division your Grace hath made choice of the better part. The Difficulties are great, the Hopes none, but too pregnant Fears to the contrary; yet it is the more like to be Gods Cause, that his Work may appear: and it may be called digitus Dei, and marvellous in our eyes. Mans extremity is Gods op­portunity.

We have given Doctor Hamilton our best directions, which we submit humbly to your Graces better Iudgement, to add and command what you [Page 93] think fit: he needs no more Deputation, but the inserting of his Name in the Procuratory, which is in the close of the Declinator. Above all we have recommended to him, a care that it may be timeously presented; but in this we trust only to your Grace.

As we pity the Difficulties your Grace is cast into, so shall we be earnest supplicants to God Almighty, to bless and preserve your Grace in this and all other Services, wherewith God and His Majesty hath trusted you.

Your Graces most humble and bounden Servants,
  • Iohn Rossen.
  • Wal. Brechinen.
Hamilton, Nov. 20. 1638.
POSTSCRIPT.

What goes from my Lord of St. Andrews directed to me, I beseech your Grace to open and read for your own use.

Because of an ambiguous word which was in the Paper the Marquis was to offer in His Majesties Name to the Assembly, so strictly consci­entious was His Majesty, The strictness of his Maje­sties Consci­ence. that he wrote His sense of it in the following Letter that found him at Glasgow.

Hamilton,

THis is rather to give the reason of My Answer than the An­swer it self, (you being to receive it at large by My Lord of Canterbury.) The truth is, that the same reason which made me blot out the whole Sentence before, hath made me desire to alter a word now; to wit, that I should not be thought to desire the abo­lishing of that in Scotland, which I approve and maintain in England, namely the Five Articles of Perth: now the word con­tent expresses enough my consent to have them surcease for the pre­sent; but the word pleased, methinks imports as much as if I desi­red them to take them away, or at least were well-pleased that they should doe so. But I leave it to your ordering, so that you make it be clearly understood, that though I permit, yet I would be better pleased if they would let them alone; and so I rest,

Your assured constant Friend, CHARLES R.
Whitehall 21 th of Novemb. 1638.

At Glasgow the Marquis found the greatest confluence of People, The Assembly sits at Glas­gow. that perhaps ever met in these parts of Europe at an Assembly. On the 21 th they sate down; Mr. Bell Minister of Glasgow preached, as the Marquis had ordered. The Marquis judged it was a sad sight to see such an As­sembly, for not a Gown was among them all, but many had Swords and Daggers about them: when they were set he as Lord Commissioner begun with this Speech.

[Page 94]
My Lords, and the rest of this Reverend Assembly,

The Marquis his Speech. ‘THE making of long Harangues is not suitable either with my Education or Profession, much less with this Time, which now after so much Talking ought to be a time of Action.’

‘I pray God that as a great (and I hope the worst) part of mens Spirits hath been evaporated into bitter and invective Speeches, so the best and last part of them may be reserved for Deeds, and these answerable to the Professions which have been made on all sides when this great Assembly should come.’

‘For the Professions which have been made by Our Sacred Sove­raign (whom God long preserve to reign over us) I am come hither by His command to make them good to His whole People, whom to His grief He hath found to have been poysoned (by whom I know not well, but God forgive them) with misconceits of His Intentions, concerning the Religion professed in this Church and Kingdom. But to rectifie all such Misconceptions of His Subjects, His Majesties desire is, that before this Assembly proceed to any thing else, His Subjects may receive ample and clear satisfaction in these Points, wherein His Majesties gracious Intentions have been misdoubted, or glanced at, by the malevolent Aspects of such, as are afraid that His Majesties good Subjects should see His clear mind through any other Glasses or Spectacles, than those they have tempered and fitted for them.’

‘Those sinistrous Aspersions, dispersed by surmizes, have been especi­ally two; first, as if there had been in His Majesty, if not some Inten­tion, yet at least some inclination, to give way, if not to Alterations, yet to some Innovations in the Religion professed in, and established by the Laws of this Church and Kingdom.’

‘I am confident that no man can harbour or retain any such thought in his breast any more, when His Majesty hath commanded that Con­fession of Faith, (which you call the Negative) to be subscribed by all His Subjects whatsoever, and hath been Graciously pleased to put the Execution of this His Royal Command in your own hands.’

‘The next false, and indeed foul and devilish Surmize, wherewith His good Subjects have been mis-led, is, that nothing promised in His Majesties last most Gracious Proclamation (though most ungraci­ously received) was ever intended to be performed, nay, not the Assembly it self; but that only Time was to be gained, till His Maje­sty by Arms might oppress this His Own Native Kingdom; than which Report Hell it self could not have raised a blacker and falser.’

‘For that part which concerneth the Report of the Intention of not holding the Assembly, this Day and Place, as was first promised and proclaimed, (thanks be to God) confuteth that Calumny abun­dantly; for the other of making good what His Majesty did promise in His last Gracious Proclamation, His Majesty hath commanded me thus to express His Heart to all His good Subjects.’

‘He hath seriously considered all the Grievances of His Subjects, which have been presented to Him, by all and several of their Pe­titions, Remonstrances, and Supplications, exhibited unto Himself, His Commissioner, and Lords of His Secret Council, and hath gra­ciously granted them all; and as He hath already granted as far as [Page 95] could be by Proclamation; so he doth now desire, that His Subjects may be assured of them by Acts of this General Assembly, and after­wards by Acts of Parliament respectivé.’

‘And therefore he not onely desires, but commands, that all the Par­ticulars he hath promised be first gone in hand with in this Assembly, and enacted, and then afterwards what His Subjects shall desire being found reasonable may be next thought upon, that so it may be known to God and the whole World, and particularly to all His good Sub­jects, how careful His Majesty is to discharge himself of all His Graci­ous Promises made to them; hoping that when you shall see how Royally, Graciously, and Faithfully His Majesty hath dealt with you, and all His Subjects, you will likewise correspond in loyal and dutiful Obedience, in chearful but calm and peaceable Proceeding, in all o­ther business to be treated of in this Assembly: and because there shall be no mistake, I shall now repeat the Particulars, that you may see they are the same which were promised by His Majesties first Pro­clamation.’

To this I shall adde the Paper of His Majesties Concessions taken from the Original, wherein His Majesty had interlined and dashed out some things with his own Pen.

CHARLES R.

THe Kings Majesty being informed, The Kings O [...] ­fers to the Assembly. that many of His good Subjects have apprehended, that by the introduction of the Service-book and Book of Canons, the in-bringing of Popery and Superstition hath been intended, is Gra­ciously pleased to discharge the said Books, and to annul all Acts made for establishing thereof; and for His good People their further satisfaction, is Gra­ciously pleased to declare by me, that no other in that kind shall hereafter be in­troduced, but in a fair and legal way of Assembly, allowed by Act of Parliament, and the Laws of this Kingdom.

The Kings Majesty, as he conceived for the ease and benefit of the Subjects, established the High Commission, that thereby Iustice might be administred, and the Faults and Errours of such persons as are made liable thereto taken order with, and punished with the more convenience, and less trouble to the People: but finding His Gracious Intentions to be herein mistaken, hath been pleased, likeas he is Graciously content, that the same be discharged, with all Acts and Deeds made for the establishing thereof; and is pleased to declare by me, That that Court or Iudicatory, nor no other of that nature, shall be brought in here­after, but in that way allowed by the Laws of this Kingdom.

And the Kings Majesty being informed, that the urging of the five Arti­cles of Perth's Assembly hath bred Distraction in the Church and State, hath been Graciously pleased to take the same into His consideration, and for the quiet and peace of Church and State, doth not onely dispense with the practice of the said Articles, but also discharges, and by these hath discharged, all and what­soever Persons from urging the practice thereof, upon either Laick or Ecclesi­astick person whatsoever: and doth hereby free all His Subjects from all Cen­sure and Pain, whether Ecclesiastical or Secular, for not urging, practising, or obeying them, or any of them, notwithstanding any thing contained in the Acts of Parliament or General Assembly, to the contrary.

And because it is pretended, that Oaths have been administred to Mini­sters at their entry contrary, and differing from that which is set down in the [Page 96] Acts of Parliament, His Majesty is pleased to declare and ordain, that no other Oath shall be required of any Minister at his entry, than that which is expresly set down in the Acts of Parliament: and this He is content be considered of in the Assembly, to be represented to the Estates of Parliament, and enacted as they shall find expedient.

And that it may appear how careful His Majesty is that no Corruption or Innovation shall creep into this Church, neither any scandal, vice, or fault of any person whatsoever censurable or punishable by the Assembly, go unpunished, it is His Majesties Pleasure, likeas by these His Majesty does assure all His good People, that hereafter General Assemblies shall be kept as oft as the Affairs of this Kirk shall require: and to this purpose, because it is probable that some things necessary for the present Estate and Good of this Church may be left un­perfected at this present Assembly, We do by these indict another Assembly to be holden at And that none of Our Subjects may have cause of Grievance against the Procedure of Prelats, Our Pleasure is, that all and every one of the present Bishops, and their Successours, shall be answerable, and accordingly from time, to time censurable according to their Merits by the As­sembly, which His Majesty is likewise pleased be enacted in this present Assem­bly, and thereafter ratified in Parliament.

And to give all His Majesties good People good assurance that he never in­tended to admit any Alteration or Change in the true Religion professed with­in this Kingdom, and that they may be truly and fully satisfied of the Reality of His Intentions towards the maintainance of the Truth and Integrity of the same, His Majesty hath been pleased to require and command all His good Subjects to subscribe the Confession of Faith, subscribed by His dear Father in Anno 1580. and for tha [...] effect hath ordained the Lords of His Privy Coun­cil to take some speedy course whereby the same may be done thorough the whole Kingdom; which His Majesty requires likewise all those of this present Assem­bly to sign, and all others His Subjects, who have not done it already: and it is His Majesties Will, that this be inserted and registred in the Books of this Assembly, as a Testimony to Posterity, not onely of the sincerity of His Inten­tions to the said true Religion, but also of His Resolution to maintain and de­fend the same, and His Subjects in the professing thereof.

C. R.

The Marquis consults the Bishops how to proceed,The Marquis sent a Gentleman to ask the advice of the Bishops then in the Castle of Glasgow about the particular way of his Procedure in the Assembly, from whom he had the following Letter.

My Lord, may it please your Grace,

THis Worthy Gentleman hath desired my Iudgment concerning three things: who write to him. first, concerning the production of a Letter from His Majesty to the Assembly, directed to the Archbishops, Bishops, and Ministers, whether or not this can be produced, and any Note made upon it, before there be a Mode­rator condescended upon. My humble Opinion is, (which I humbly submit to your Graces better Iudgment) that the Letter be presented, given by your Grace to the Clerk, and read by him. Here it is most like your Grace will be pressed, that the Letter is directed to an Assembly that cannot be without a Moderator, and yet on purpose to get a Moderator by Election, and an Assem­bly established; to which in my Iudgment it may be replied, that it may be that the Kings Letter containeth something to that purpose, which therefore is to be read, and noted by the Clerk as produced onely. The second is concern­ing the Examination of the Commissions and Commissioners: My Lord, it is [Page 97] certain that both are most illegal, and there is more than sufficient ground from this one (if there were no more) to void this Assembly and make it null. But how to begin at this I see not so well, for if the Commissions and Commissioners be rejected, then how shall the Kings Real and Royal Intentions be manifest to the Subjects, which is most necessary, that the Factious may not have advan­tage to possess good and loyal Subjects, that His Majesty is onely deluding them for other ends. On the other part, if your Grace approve the Commissions and Commissioners, how far King and Church shall suffer, your Grace is wiser to conceive than I am able to express. The third is concerning the Declinator, when it shall be proposed or presented to your Grace; My Lords of Glasgow and Brechin are fully of that mind, that at the very first it is to be used be­fore the Assembly be established: their Reasons seem very pregnant, first, because all Declinators are used so; next, if the Assembly be once established, how can it be declined, or your Grace admit our Declinator or Protestation?

My Lord, seeing two things are mainly to be look'd to, the one that His Ma­jesties Pious Intentions be made known to this present Meeting; the other, that the Church suffer no prejudice; my humble Opinion is, that first the Kings Letter (as I have said) be read, and marked Produced; next imme­diately after, our Declinator produced, and presented to your Grace, read in audience of all, Instruments taken in the Clerk-Registers hands, and it marked by the Clerk Produced. Then your Grace may by your own Wisdom conceive a brief Speech, excusing your self that you are not so well acquainted with the Formalities and Legalities of Church-meetings; yet that seeing in such Distra­ctions and Combustions all things cannot be done in that orderly way is requi­site, and that your Grace does know how that, with a most earnest and Fatherly Care, His Majesty endeavours the binding up of this Breach, and the restoring of Church and State to Quiet and Peace, and that your Grace for that Duty you owe to your Master, and Love you have to your Native Country, will leave nothing undone that is in your power, and incumbent to a faithful Servant and kind Patriot, and therefore will adventure to chuse rather to erre in formal Er­rours: than to leave so material and necessary a Work at such an exigent of time; and so seeing there is no Archbishop nor Bishop present, your Grace by connivence will permit them (for how your Grace can allow it I see not) to chuse a Moderator, and will not fall upon that shelve or rock of Examination of Commissions or Commissioners; being confident that if matters go on in a moderate way, what shall be agreed upon shall be liked by all, even those that are taken to be their Party; and what is amiss in Formality and Legality, if no errour be in the matter of the Conclusions, may most easily and speedily be helped. After the Moderator is condescended upon, the first thing your Grace would urge is the Registrating the Kings Letter in the Books of the Assembly, then the Registrating of our Declinator. After this your Grace will be careful, that nothing be proposed till what is in His Majesties Declaration be enacted, and if (this being done) they fall upon any extravagancy, your Grace then may by advice of the Council declare, that seeing they will not hold Moderation, your Grace and the Council must examine their Commissions and Commissioners, (to which before you gave connivence) and discuss the relevancy of our Decli­nator.

This Course keeped, in my poor Iudgement, will fully manifest to all His Majesties pious Intentions, evidence your Graces sincere affection to Religion and the Kingdom, preserve our Right, make them unexcusable, let the People see how unreasonable and immoderate they are, and give to your Grace a fair way and ground, to discontinue and discharge the Meeting under pain of [Page 98] Treason. This my weak and poor opinion I have made bold to declare to your Grace, not out of any confidence in my self, but necessitated because of that Obedience I owe your Grace, and true affection to the Peace of Church and State, which with my self, and all my endeavours, I humbly prostrate to you, and submit to your Graces better Iudgement.

I humbly beg of your Grace to let me know by this Gentleman, what shall be done with our Declinator, and let him come and speak with my Lords of Glasgow, Brechin, and me, that we may be acquainted by him of your Gra­ces commands. God in his mercy bless you in this difficult Work.

Your Graces most humble and bounden Servant, IO. ROSSEN.
Castle of Glasgow 22 th Nov. 1638. at 7 a clock in the morning.

The Constitu­tion of the Assembly.They were about two hundred and sixty Commissioners: besides that from every Presbytery there were also Assessors, from some two, three, four, or more who pretended to no Vote, but only to give Advice; so that in all they made a great number. Some Commissioners there were who could neither read nor write, and yet these were to judge of Heresie, and condemn Arminius his points. All depended on a few that were more Learned and Grave, who gave Law to the rest. The Marquis staved off the choosing of the Moderator the first day, and de­sired them first to receive in the Commissions, and examine their Ele­ctions: but he soon foresaw he could not run a great way with them, and that they were resolved stoutly to disobey, and were beginning in their Cabals to threaten to seize on his Person, and on such of the Council as should withstand them. But he resolved not to quit the Grounds were laid down to him, follow on it what would; yet find­ing afterwards, that there were surmizes of Designs upon his Life, he judged himself bound to let His Majesty know all he understood of the A [...]airs of Scotland since his last coming from Court. The Marquis gives the King a full account of the State of Affairs. Therefore he sent up Sir Iames Hamilton, with a full account of all matters, con­taining likewise the Characters of all the Councellours, together with his Advice to His Majesty, how to reduce the Country to his Obedi­ence: those he commended most to the King, and of whose Adherence he had received the fullest assurances, were my Lords of Traquair, Rox­burgh, Perth, Tullibardin, Kinnoul, Seaforth, Lauderdale, Southesk, Hading­town, and Daliel; but above all the Marquis of Huntley, whose cordial affection to His Majesties Service he highly magnified. His advice was, that Berwick and Carlisle should be secured, of which he put the King in mind almost in every Letter; that His Majesty was to send a Fleet of some of his Ships to lie in the Frith, and to be plying from that to the North, to block up their Trade; and also some others to ply from the Mule of Galloway to Kintire, marking to the King the Roads and Harbours whither they might retire. Next, His Majesty was to come down with a Royal Army, and this he was assured would either teach them or force them to Reason: but because upon a Rupture they in Scotland would no doubt presently fall on those who adhered to His Ma­jesty, therefore he advised that there might be Commissions of Lieute­nantries sent to the Marquis of Huntley for the North, and to the Earls of Traquair and Roxburgh for the South, that all might gather to them [Page 99] upon the Breach. He also spared not to shew the King how the Bishops had miscarried, and that their Ambition had been great, but their Folly greater. His Majesty expressed His sense of this Dispatch in the follow­ing Letter.

Hamilton,

I Have sent back this honest Bearer both for safety of my Letters, and to ease me from length of Writing, therefore in a word I thank you for your full and clear Dispatch, totally agreeing with you in every point thereof, as well in the Characters of Men, as in the Way you have set down to reduce them to Obedience: onely the time when to begin to act is considerable; to this end I have fully instructed this Bearer with the state of my Preparations, that you may govern your business accordingly. Onely I must tell you, that you have gi­ven me so good satisfaction, that I mean not to put any other in the chief Trust in these Affairs but your self. So remitting you to this Bearer, I rest

Your assured constant Friend, CHARLES R.
Whitehall, 3 Decemb. 1638.

At Glasgow on the second day of the Assembly's Sitting they went to the Election of the Moderator; The Affairs of the Assembl [...]. but the Marquis desired that they might first hear His Majesties Letter, which thereupon was read. After that he moved that they would read the Bishops Declinator, which was pre­sented to him by Dr. Hamilton; but that they refused, saying, they must first be constituted before they could consider of any business. Upon this he protested, which with all the other Instruments that he took, is yet extant under the Clerk of Registers hands. Mr. Henderson was cho­sen Moderator. Then the Marquis desired that his Assessors, who were onely six, to wit, the Earls of Argyle, Traquair, Roxburgh, Lauderdale, and Southesk, and Sir Lewis Stewart, might also have a Suffrage: but this was refused, and so they would give the King but one single Vote, though the Town of Edinburgh had two in their Assembly. Upon this also the Marquis took Instruments, according to the Scotish Forms: and thus for a few days he went on in the Assembly, protesting at every step; but as he was consulting what to doe, he received the following Letter.

Hamilton,

COncerning our Preparations here I have commanded the Comp­troller to give you a full account, of which you may take publick notice, and declare, That as their Carriage hath forced me to take care to arm my self against any Insolence that may be committed: so you may give assurance that my care of Peace is such, that all those Preparations shall be useless, except they first break out with insolent [Page 100] Actions. Now for Answer to your Letter, it was never heard that one should be both Iudge and Party: besides, the Lawfulness of the Iudicatory must be condescended upon, before any Cause can be there­in lawfully determined; therefore I say that the Assembly can in no case be Iudge of their own Nullities: yet you have reason, not onely to make good what I have promised, but also to promise them a new Assembly, upon the amendment of all the Faults and Nullities of this. I approve of both your Bargains, and shall take care that you shall not lose by them, and so I rest

Your assured constant Friend, CHARLES R.
Whitehall, 17 Nov. 1638.

And two days after that he got the following Letter.

Hamilton,

THis is rather to shew you, that I do not forget you nor your pains, than for any Answer that your last Leter needs, it being more of Accounts than Demands. Onely I shall tell you, that you needed not to have made an Excuse for asking the Ten thousand pounds Sterlin; for I know that there is but too much use for it, and the more I consider it, I find you have the more reason: there­fore I assure you, that what may be done shall be done in this, and with what speed is possible; and so I rest

Your assured constant Friend, CHARLES R.
Whitehall, 21 Nov. 1638.

His Majesty was also pleased to take such notice of Dr. Balcanqual, as to write the following Letter about him.

Hamilton,

I Have heard this day that the Dean of Durham is dead, for the disposing of which Place, though I may have many Suiters, and (which is more) though heretofore I have had divers Intentions up­on the disposing of that Place, for the better accommodating of my Service, the reason of which is now as forcible as ever; yet I have thought fit not to dispose of it till I might (if your stay be not longer than I expect) speak with you: and to shew you that I am not un­mindful of the daily pains that at this time Balcanqual takes in my Service, I would let you see the case before I dispose of it, and have [Page 101] your Opinion, if he might not stay a little longer for another nearer my eye, and yet not dishearten him, when it may accommodate my Ser­vice another way; and so I rest

Your assured constant Friend, CHARLES R.

The Assembly went on at such a rate that the Marquis judged it no longer fit to bear with their Courses; for all Elections, how disorderly soever, were judged good; their ears were shut upon Reason, and the Bishops Declinator being read was rejected, and an Answer drawn: The Marqui [...] resolves to dissolve the Assembly. where­fore on the 28 th in the morning he call'd a Council in the Chapter-House, and told them he was necessitated to dissolve the Assembly, and gave his Reasons for doing it, using much industry to gain them to con­cur with him in it. The Earl of Argyle asked if he was to desire the Coun­cils Approbation of what he intended, or not: the Marquis answered, his Instructions from His Majesty were clear and positive for what he was to doe, and therefore it was not in his Power to let any Debate be whether he should doe it, or not; onely he desired their concurrence and advice as to the manner of doing it. Two hours were spent in Discourse, but clear advices were not given from any of them: from thence the Marquis went to the Church where the Assembly sate, and after he sate long a Witness to some Debates were among them, it was offered to be put to the Vote, whether the Assembly was a free Assembly notwithstanding the Bishops Declinator, or not; upon which the Marquis knowing well how the Vote would run, rose up and said.

‘ I Find this day great contrarieties of Humours in my self, first, His Speech a [...] the Dissoluti­on. cause of Joy; next, cause of Sorrow: cause of Joy, in making good what hath been promised by His Majesty; cause of Sorrow, in that I cannot make further known His Majesties Pious Intentions.’

‘You have called for a Free General Assembly: His Majesty hath granted you one, most Free on his part, and in his intentions; but as you have handled and marred the matter, let God and the World judge, whether the least shadow or footstep of Freedom can be dis­cerned in this Assembly, by any man who hath not given a Bill of Divorce both to his Understanding and Conscience. With what wrest­ing and wringing your last Protestation charges His Majesties last Gra­cious Proclamation in the point of Prelimitations, is both known and misliked by many even of your own pretended Covenant; but whether your Courses, especially in the Elections of the Members of this Assem­bly, be not onely Prelimitations of it, but strong Bars against the Free­dom of it, nay utterly destructive both of the Name and Nature of a Free Assembly, and unavoidably inducing upon it many and main Nul­lities, will be made manifest to the whole World.’

‘But His Majesties Sincere Intentions being to perform in a lawful As­sembly all he hath promised in his Gracious Proclamation, if you find out a way how these things may pass, and be performed even in this [Page 102] Assembly, such as it is, and yet His Majesty not made to approve any way the Illegalities and Nulliti [...]s of it, for satisfying all His Majesties good Subjects of the Reality of his Meaning; I am by His Majesties special Command ready to doe it, and content to advise with you how it may be done.’

And after this he caused read His Majesties Concessions, as they had been before proclaimed: upon which he took Instruments, that by pro­ducing and signing of them, first, his Majesties Intentions were made known; next, that in the producing and delivering of them, the Law­fulness of the Assembly was not acknowledged. After that he went on, and discoursed against the Constitution of the Assembly in the following words.

‘But now I am sorry I can go on with you no more, for the sad part is yet behind, about Ruling-elders; for neither Ruling-elders, nor any Minister chosen Commissioner by Ruling-elders, can have voice here, because no such Election is warranted, either by the Laws of this Church or Kingdom, or by the practice or custom of either: for even that little which appeareth to make for those Elders in the Book of Discipline, hath at this time been broken by you, there being more Lay-elders giving votes at every one of those Elections, than there were Ministers, contrary to the Book of Discipline; as in Lanerick but eight Ministers, and eighteen or nineteen Lay-elders; and so in divers other Presbyteries: and in every Presbytery, when the Ministers up­on the List were removed, the remaining Elders exceeded far the re­maining Ministers. But say there were Law for those Lay-elders, the interruption of the execution of that Law, for above 40 years, makes so strong a Prescription against it, that without a new reviving of that Law by some new Order from the General Assembly, it ought not a­gain be put in practice; for if His Majesty should put in practice, and take the Penalties of any disused Laws without new intimations of them from Authority, it would be thought by your selves very hard dealing.’

‘To say nothing of that Office of Lay-elders, it being unknown to the Scripture or Church of Christ for above 1500 years, let the World judge whether those Laymen be fit to give Votes in inflicting the Cen­sures of the Church, especially that great and highest Censure of Ex­communication, none having power to cast out of the Church by that Censure, but those who have power to admit into the Church by Baptism: and whether all the Lay-elders here present at this Assembly be fit to judge of the high and deep Mysteries of Predestination, of the Universality of Redemption, of the Sufficiency of Grace given, or not given to all men, of the Resistibility of Grace, of total and final Perseverance, or Apostasie of the Saints, of the Antilapsarian or Post­lapsarian Opinion, of Election and Reprobation; all which they mean to ventilate, if they do determine against the Arminian, as they give out they will.’

‘In many Presbyteries these Lay-elders disagreed in their Elections wholly, or for the most part, from the Ministers, and carried it from them by number of Votes, though in all reason the Ministers them­selves should best know the abilities and fitness of their Brethren: and [Page 103] this was done in the Presbyteries of Chirnside, Linlithgow, Aberdeen, and divers more.’

‘How can these men now elected be thought fit to be Ruling-elders, who were never Elders before, all or most part of them being chosen since the Indiction of the Assembly, some of them but the very day before the Election of their Commissioners; which demonstrates plain­ly, that they were chosen onely to serve their Associates turn at this Assembly?’

‘Since the Institution of Lay-elders by your own Principles is to watch over the Manners of the People in the Parish in which they live, how can any man be chosen a Ruling-elder from a Presbytery, who is not an inhabitant within any Parish of that Presbytery, as hath been done in divers Elections, against all Law, Sense, or Rea­son?’

‘By what Law or Practice was it ever heard, that young Noblemen, or Gentlemen, or others, should be chosen Rulers of the Church, be­ing yet Minors, and in all Construction of Law thought unfit to ma­nage their own private Estates, unless you will grant that men of meaner Abilities may be thought fit to rule the Church, which is the House of God, than are fit to rule their own private Houses, Families, and Fortunes?’

‘By what Law can any Ruling-elder be sent to a Presbytery to give Vote in any thing, especially in chusing Commissioners for the Gene­ral Assembly, who is not chosen for that purpose by the Session of that Parish in which he is a Ruling-elder? And who gave power to the Minister of every Parish, to bring with him to the Presbytery for that purpose any Ruling Elder of his Parish whom he pleased?’

‘But it is well known, that divers Elders gave Votes in these Presby­teries to the Elections of some Commissioners here, who were not cho­sen by the Sessions of their several Parishes to give Votes in those Pres­byteries; and therefore such Commissioners as were chosen by such Lay-elders can have no Vote here.’

‘By what Law or Practice have the several Parishes or Presbyteries chosen As [...]essors to their Ruling-elders, without whose consent some of the Commissioners here present are sworn not to vote to any thing?’

‘This introducing of Ruling-elders is a burthen so grievous to the Brethren of the Ministry, that many of the Presbyteries have protest­ed against it for the time to come, some for the present, as shall ap­pear by divers Protestations and Supplications ready to be here exhi­bited.’

‘For the Ministers chosen Commissioners hither, besides that the fit­test are passed by, and some chosen who were never Commissioners of any Assembly before, that so they might not stand for their own Li­berty in an Assembly of the nature whereof they are utterly ignorant, choice hath been also made of some who are under the Censure of the Church, of some who are deprived by the Church, of some who have been banished and put out of the University of Glasgow, for teaching their Scholars that Monarchies were unlawful, some banished out of this Kingdom for their Seditious Sermons and Behaviour, and some for the like Offences banished out of another of His Majesties Kingdoms, Ireland, some lying under the fearful Sentence of Excommunication, [Page 104] some having no Ordination nor Imposition of Hands, some admitted to the Ministry contrary to the standing Laws of this Church and Kingdom, all of them chosen by Lay-elders; what a Scandal were it to the Reformed Churches to allow this to be a lawful Assembly, con­sisting of such Members, and so unlawfully chosen?’

‘Of this Assembly divers who are chosen are at the That is, un­der a Writ of Outlawry. Horn, and so by the Laws of this Kingdom are uncapable of sitting as Judges in any Judicatory.’

‘Three Oaths are to be administred to every Member of this Assem­bly, the Oath for the Confession of Faith, lately renewed by His Ma­jesties Commandment, the Oaths of Allegeance and Supremacy; and whosoever shall refuse any of these, cannot be a Judge in any Judica­tory of this Kingdom; and therefore resolve presently whether you will take them or not.’

‘You have cited the Reverend Prelats of this Land to appear before you by a way unheard-of, not only in this Kingdom, but in the whole Christian World, their Citations being read in the Pulpits, which is not usual in this Church; nay, and many of them were read in the Pulpits after they had been delivered into the Bishops own hands. How can His Majesty deny unto them, being His Subjects, the benefit of His Laws, in declining all those to be their Judges, who by their Cove­nant do hold the principal thing in question, to wit, Episcopacy to be abjured, as many of you do? or any of you to be their Judges, who do adhere to your last Protestation, wherein you declare, that it is an Office not known to this Kingdom, although at this present it stand established both by Acts of Parliaments, and Acts of General Assem­blies? Who ever heard of such Judges as have sworn themselves Par­ties? And if it shall be objected, that the Orthodox Bishops in the first four and other General Councils could not be denied to be compe­tent Judges of the Hereticks, though beforehand they had declared their Judgments against their Heresies: it is easily answered, that in matters of Heresie no man must be patient, since in Fundamental points of Faith a man cannot be indifferent without the hazard of his Salvati­on, and therefore must declare himself to be on Christs side, or else he is against him; but in matters of Church-government and Policy, which by the Judgment of this Church in the 21 th Article of our Con­fession is alterable at the will of the Church, it is not necessary for any man who means to be a Judge, to declare himself, especially against that Government which stands established by Law at the time of his Declaration, being not onely not necessary, but likewise not lawful for him at that time so to doe: now this Declaration all you who ad­here to the last Protestation have made, even since you meaned to be the Bishops Judges. Besides, even those Orthodox Fathers never did declare themselves against the Hereticks, their Persons or Callings, by Oaths and Protestations, as you have done; for that had been a pre­judging in them, and this prejudging in you makes you now to be in­competent Judges.’

‘Upon the whole matter then there are but two things left for me to say: first, you your selves have so proceeded in the business of this Assembly, that it is impossible the fruits so much wished and prayed for can be obtained in it; because standing as it does, it will make this Church ridiculous to all the Adversaries of our Religion, it will [Page 105] grieve and wound all our Neighbour Reformed Churches who hear of it; it will make His Majesties Justice to be traduced throughout the whole Christian World, if he should suffer His Subjects in that which concerns their Callings, their Reputations and their Fortunes, to be judged by their sworn Enemies. If therefore you will dissolve your selves, and amend all these errours in a new Election, I will with all con­venient speed address my self to His Majesty, and use the utmost of my Intercession with His Sacred Majesty for the Indiction of a new Assem­bly, before the meeting whereof all these things now challenged may be amended: if you shall refuse this Offer, His Majesty will then de­clare to the whole World, that you are disturbers of the Peace of this Church and State, both by introducing of Lay-elders against the Laws and Practices of this Church and Kingdom, and by going about to abolish Episcopal Government, which at this present stands esta­blished by both the said Laws: two points (I dare say) and you must swear it, if your Consciences be appealed to, (as was well ob­served by that Reverend Gentleman we heard preach the last Sun­day) which these you drew into your Covenant were never made acquainted with at their entring into it; much less could they suspect, that these two should be made the issue of this business, and the two stumbling-blocks to make them fall off from their Natural Obedience to their Soveraign.’

Mr. Henderson made a long Speech, Mr. Henderson answers. wherein he said much to the mag­nifying of the Kings Authority in matters Ecclesiastical, calling him The Vniversal Bishop of the Churches in His Dominions, with other such like Expressions, which gave no small disgust to many of the zealous Bre­thren: but in the end he said, that we must render to God the things that were Gods, as well as to Caesar the things which were Caesars; and spoke much for vindicating their Proceedings, and charging the Bishops. And after him many of the Lords spoke about the Freedom of the As­sembly, to whom the Marquis replied.

‘AS for your pretence of your unlimited Freedom, The Marquis replies, you indeed re­fused so much as to hear from His Majesties Commissioner, of any precedent Treaty for the preparing and right-ordering of things before the Assembly; alledging, that it could not be a free Assembly where there was any Prelimitation either of the Choosers, or of those to be chosen, or of things to be treated of in the Assembly, but that all things must be discussed upon the place, else the Assembly could not be free: but whether you your selves have not violated that which you call Freedom, let any man judge; for besides these In­structions, which it may be are not come to our knowledge, we have seen, and offer now to produce, four several Papers of Instructions sent from them, (whom you call the Tables) containing all of them Prelimitations, and such as are not onely repugnant to that which you call the Freedom, but to that which is indeed the Freedom of an Assembly. Two of these Papers were such as you were contented should be communicated to all your Associates, to wit, that larger Paper sent abroad to all Presbyteries, immediately after His Majesties Indiction of the Assembly, and that lesser Paper for your meeting first [Page 106] at Edinburgh, then at Glasgow, some days before the Assembly; which Paper gave order for chusing of Assessors, and divers other particulars: but your other two Papers of Secret Instructions were directed, one of them onely to one Minister of every Presbytery, to be communica­ted by him as he should see cause, but to be quite concealed from the rest of the Ministers; the other Paper was directed onely to one Lay-elder of every Presbytery, and to be communicated by him as he should see cause, but to be quite concealed from all others: in both which Papers are contained such Directions, which being followed, as they were, have quite banished all Freedom from this Assembly; as shall appear by reading the Papers themselves.’

These he caused read, but they were disowned by the Members of the Assembly; and they said, they might have been the private Opinions of some, but did infer no Prelimitation on the Assembly: to which the Marquis answered, ‘That all the Elections being ordered according to these, was a clear proof, they were sent by an Authority which all feared to disobey. And after that he told, That for many moneths the Orders of the Table had been obeyed by all; but he would now make a trial what Obedience they would give to the Kings Com­mand: and protested, that one of the chief Reasons that moved him to dissolve this Assembly, was to deliver the Ministers from the Ty­ranny of Lay-elders, who (if not suppressed) would (as they were now designing the ruine of Episcopal Power) prove not onely Ruling, but Over-ruling-elders.’

By this time his Heart was so full of Grief (which was easily to be observed by divers Indications) that almost all present were affected with it. In end, seeing nothing said in reason did prevail, he in His Majesties Name dissolved the Assembly, and dissolves the Assembly; but they con­tinued to sit. and discharged their further Proceeding under pain of Treason. Mr. Henderson and the Earl of Rothes answered him, that they were sorry he left them: but their Con­sciences bore them witness, they had hitherto done nothing amiss, so they could not desert the Work of God; protesting much of their Du­ty and Obedience to the King in its due line and subordination: and after this a long Protestation was begun and read.

This being done, the Marquis presently went out, and called a new Council, The Council approved of it. to whom he told how sorry His Majesty would be for this Breach, and how really desirous he was to have done all was possible for satisfying of his Subjects, but that their Behaviour had extorted what was done; he therefore encouraged them all to their Duty to the King, assuring them, that whatever any of them might suffer for it, His Maje­sty would see they should be no losers. From this Council the Earl of Argyle withdrew, and fully cleared all Jealousies about him; for he told the Marquis in plain Language, he would take the Covenant and own the Assembly. But most of the Councellours seemed satisfied with the Marquis his Carriage in the Assembly, particularly all his As­sessors, ( Argyle onely excepted:) yet the Marquis durst not offer the Proclamation for dissolving the Assembly to be signed in Council, for fear of a refusal, not having tried them all in it beforehand; but got most of them to sign it next morning, and then he sent it to the Mar­ket-Cross to be proclaimed, where it met with a new Protestati­on. Argyle's Example was followed by some few Privy-Councel­ours, [Page 107] whose declaring themselves the Marquis judged rather an advan­tage than a loss.

The Council also wrote a Letter to the King, highly commending the Marquis his zeal and industry in what had passed in the Assembly, which is in the Large Declaration, to which the Reader is referred for the per­usal of all the Papers set down there at length; these being onely in­serted here that were not then made publick.

Thus he left Glasgow, and went first to Hamilton, The Marquis returns to Edinburgh. carrying some of the Bishops with him for their security from hazard; and after two or three days stay there went to Edinburgh, (hoping that as he had outlived their Threats, he should ere long see His Majesty master their Inso­lence:) and from thence he gave His Majesty an account of what had passed since his last, together with a desire for a Permission to come and wait on him; to which the King wrote the following Answer.

Hamilton,

I Never expected other than that you would have too just grounds to dissolve this Assembly; The King ap­proves of his dissolving the Assembly. and certainly I were very unjust if I did not approve you therein, since not onely your Instructions warrant you the same, but even the Council hath testified to me the Necessity of it. And now I shall lay before you some Considerations; in the first place to take care, that y [...]ur coming away do n [...]t cast things so loose, that the honest men [...]f my Party do believe that you leave them as in a case desperate, or at least, that by your Absence they be denuded of Advice and Protection: therefore I hope before you come up you will take so good order, that your Absence do neither dishearten, nor prejudice my Party. As for my Preparations, I doubt not but ere this you have had a full account by your Cousin Sir James, where­by you find that I shall not be able to shew my self like my self before February or March; wherefore I lay it to your Consideration, whe­ther it were not fit to give hopes that the Parliament shall hold, (notwithstanding all the impertinencies of this last Assembly) so that their Follies break not out into open Acts of Rebellious Violences: and really I will not say, but (that things may be so prepared) it may be fitting that it should hold. To conclude, I hope you do not con­ceive, that the Date of your Commissionership is out; wherefore I ex­pect that (if you find cause) you send out Commissions of Lieutenan­tries to Huntley f [...]r the North, and to Traquair or Roxburgh, ei­ther joyntly or severally, (as you shall find most fit) for the South; yet all as subaltern to you. This I confess is not to be done but up­on great necessity, of which I leave you (as upon the place) to be Iudge, (being abundantly satisfied of your zeal and dexterity to [Page 108] serve me) as I do of all that I have now written: and so I rest

Your assured constant Friend, CHARLES R.
Whitehall, 7 Dec. 1638.

To this shall be added two Letters written by the Archbishop of Can­terbury to the Marquis on the same subject.

My very good Lord,

Letters from my Lord of Canterbury to the Marquis. I Received your Lordships Letters of Novemb. 27 th, they came safe to me on Decemb. 2 d after 8 at night. I was glad to see them short; but their short­ness is abundantly supplied by the length of two Letters, one from the Lord Ross, and the other from the Dean. They have between them made their word good to your Lordship, for they have sent me all the passages from the begin­ning of the Assembly to the time of the Date of their Letters: and this I will be bold to say, never were there more gross absurdities, nor half so many, in so short a time, committed in any Publick Meeting; and for a National Assem­bly never did the Church of Christ see the like.

Besides His Majesties Service in general, that Church is much beholding to you, and so are the Bishops in their Persons and Callings: and heartily sorry I am, that the People are so beyond your expression furious▪ that you think it fit to send the two Bishops from Glasgow to Hamilton; and much more, that you should doubt your own safety. My Lord, God bless your Grace with Life and Health to see this Business at a good end, for certainly, as I see the face of things now, there will very much depend upon it, and more than I think fit to express in Letters; nay perhaps, more than I can well express if I would.

I am as sorry as your Grace can be that the Kings Preparations can make no more haste. I hope you think (for truth it is) I have called upon His Ma­jesty, and by His Command upon some others, to hasten all that may be, and more than this I cannot doe; but I am glad to read in your Letters that you have written at length to His Majesty, that you may receive from himself a pun­ctual Answer to all necessary particulars: and I am presently going to him to persuade him to write largely to you, that you may not be in the dark for any thing.

But (my Lord) to meet with it again in your Letters, that you cannot tell whether this may be [...]our last Letter, and that therefore you have disclosed the very thoughts of your Heart, doth mightily trouble me: but I trust in God, he will preserve you, and by your great Patience, Wisdom, and Industry, set His Majesties Affairs (to your great Honour) in a right posture once again; which if I might live to see, I would be glad to sing my Nunc dimittis.

I pray (my Lord) accept my thanks for the poor Clergie there, and particu­larly for the Bishop of Ross, who protests himself most infinitely obliged to you.

I heartily pray your Lordship to thank both the Bishop of Ross and the Dean for their kind Letters, and the full account they have given me; but there is no par­ticular that requires an Answer in either of them, saving that I find in the Deans Letter, that Mr. Alex. Hende [...]son, who went all this while for a quiet and calm-spirited man, hath shewed himself a most violent and pa [...]sionate man, and a [Page 109] Moderator without Moderation. Truly (my Lord) never did I see any man of that humour yet, but he was deep-dyed in some violence or other, and it would have been a wonder to me if Henderson had held free. Good my Lord, since [...]ou are good in the active part, in the commixture of Wisdom and Pa­tience, hold it out till the People may see the Violence and Injustice of them that would be their Leaders, and suffer not a Rupture till there be no Re­medy. God bless you in all your ways, which is the daily pray­er of

Your Lordships most faithful Friend, and humble Servant, W. CANT.
Lambeth, 3 Decemb. 1638.
My very good Lord,

I Received your Letters of the second of December upon the sixth of the same at night, and could not speak with His Majesty till this day. This day I did, and shewed him your Letters and the Deans; and I read to him more than the later half of all the long Discourse which the Dean wrote unto me, for His Majesty was very desinous to know what occasion you took to dissolve the Synod, and how you prosecuted it; in both which that Paper gave him great satisfaction.

With your Letters I have received three other Papers, that which s [...]ews you have keeped within your Instructions, the Copy of the Proclamation which dis­solves the Assembly, and a Copy of the Councils Letter to the King; both which His Majesty takes to be very good Service done for him, and commands me to give your Grace thanks in his Name, which I am very glad to doe, and I doe it heartily.

For the Earl of Argyle I can say no more than I have already, though now I know him more perfectly than I did. Your Resolution was to put him from the Council-Table, if he refused the Kings Co [...]enant; he hath now deserved it more, but whether it be a fit time as yet to proceed so far, I dare not determine here. This I am sure of, if he do now publickly adhere to the Covenant and the Assembly, nay be the professed Head of the Covenant, (as the Dean calls him;) yet he will have much ado to look right upon that, who ever looked asquint upon the Kings business.

Concerning your coming up to Court, I am glad I find His Majesty in that Opinion which I cannot chuse but be of, that is, to leave it to your self, and your own Iudgment upon the place, whether it be fitter for you to come or stay: for the truth is, my Lord, in my poor Iudgment the King must needs leave this to your self, or discern himself; for if he bids you come, you will not stay; and if he would have you stay, you will not come: but whether it be fittest to come or stay cannot be prudently judged here, therefore (my Lord) doe that which shall be best approved there for His Majesties Service. And as much as I desire to see you, I will be bold to adde this, that I hope you will not stir to come thence▪ till you have so settled the Country, or at least the Kings Party there, as that you may be sure they may be safe, till further course for Security may be taken: for I do not know how much it may dishearten them if your Grace come away from them too soon.

In tender care of His Majesties both Safety and Honour, I have done and do daily call upon him for his Preparations. He protests he makes all the haste he can, and I believe him; but the jealousies of giving the Covenanters umbrage [Page 110] too soon, have made Preparations here so late. I doe all I can here with trouble and sorrow enough.

Here is News that three Ships-full more of Arms are come to Leith from Po­land; whence have they money to buy all this? If this be true, the King of Poland hath watched a shrewd opportunity to quit the King for the late ne­glect of his Ambassadour. And that which troubles me not a little is, that the Kings Party there (I doubt) is not half so well provided of Arms as the Cove­nanters are.

For the Money you mention, I wish with all my heart you had received it, for at the rising of the Assembly most miserable will be the Condition of them who have faithfully served God and the King. I have now again put it to the King, and he sees enough, but cannot well tell how to [...]elp it; yet this he said, If he could possibly scrape so much together, it should be had.

I pray be pleased to thank the Dean for his great pains, though it cost me the sitting up some part of the night to read it. His Letter, beside that Discourse, contains but two things, The necessity of a present shew of Force against the ri­sing of the Assembly, before men be urged to new Confederacies, and Subscripti­ons to all things determined in this Assembly; The other, that some care may be had for the poor Ministers, who will be put to the greatest sufferings, and all for God and the King. And to these two I have said as much as I can, and shall daily labour with the King to doe all that may be done for them. I pray God bless your Lordship, but I am infinitely sorry so much Grace and Goodness of the Kings should be no better received. To Gods blessed Protection I leave you, and all your Endeavours, and shall ever shew my self

Your Graces most faithful Friend, and humble Servant, W. CANT.
Whitehall, Decemb. 7. 1638.

The Assembly go on at a great rate.The Assembly all this while were not idle, but went on at a great rate, now that there was none to curb them. They condemned all the Assemblies had been for forty years before, as prelimited and not Free; they declared Episcopacy unlawful, and contrary to the Laws of their Church: the same was the fate of the Service-book, Book of Canons, High-Commission, and the Articles of Perth. They appointed the Co­venant to be taken by all under pain of Excommunication, with their new Gloss against Episcopacy and the Ceremonies: and then they pro­ceeded to the Processes of Bishops notwithstanding their Declinator, which was sure not to be sustained by them; for they being both Judges and Parties, would not fail to carry the matter as they de­sired.

The Marquis at his coming to Edinburgh on the 17 th of December emitted a large Proclamation, The Marquis puts for [...]h a Proclamation against them. containing the Reasons of his dissolving the Assembly, and declared those who continued to sit in that pretend­ed Assembly Traitors. He added His Majesties Pious Intentions to pre­serve the Religion established; discharging all his Subjects to acknow­ledge or obey the Acts of that pretended Assembly, with an assured promise of Protection to all such as continued in their Obedience to His Majesties Service. This he sent every where to be proclaimed through Scotland, and wrote to all he heard of that were affectionate to His Majesties Service, encouraging them to continue in their Duty, [Page 111] assuring them of the Kings Favour and Goodness. But now were all Peoples minds set on flame, every one expecting what should be the issue of this disorderly Affair.

He begun again to talk with the Covenanters, according to the Kings Order for a continuance of Treating; but they received it with so much neglect, that he was scarce able to bear it: and sinding they did encou­rage themselves with the Kings Clemency, he resolved to prostitute the Offers of it no more. He found the Castle of Edinburgh in some better posture at his return thither, than he had left it when he went to the West; forty good men were stolen into it with some Musquets and Ca­ses of Pistols, and abundance of Ammunition, and Provision for five weeks. This was carried with great cunning, for the Castle had been watched all the while: but when the Covenanters understood what was car [...]ied in, they were enraged, and beset the Castle so closely with their Guards, that it was as good as besieged.

The Assembly of Glasgow, after they had deposed all the Bishops, The Assembly end their busi­ness, and write to the King. and excommunicated eight of them, wherein it was easie to proceed against Absents, at length they closed with a Letter to the King, (to be found in the Printed Acts of that Assembly:) and in it they justified their Pro­cedure, complained of the Usage they met with from His Commissioner; and prayed His Majesty to look upon them as good and dutiful Sub­jects, and be satisfied with what they had done.

The Marquis his Journey was delayed, The Marquis indisposed through long Fatigue. through an Indisposition of Bo­dy, some days longer than he intended; and indeed (all things being considered) it was a wonder how either Body or Mind could hold out so long. His Negotiation was both painful and unprosperous: most of the day he was obliged to spend with unmanagable and unruly Spirits, and much of the night in writing Letters; for every third or fourth day he gave the King a large account of what passed, which was sometimes of the length of two sheets of all sides in close writing. This was al­ways seconded by another to my Lord of Canterbury of the same, and of­ten a greater length. Besides that, about other matters of course he wrote as often to the Earl of Sterlin, and almost as often to Sir Henry Vane. And this was besides all his Letters up and down Scotland, most of which, particularly those to my Lord Huntley, (which were at least weekly) were all with his own Hand. And the most uneasie part of all was, that he was obliged to keep himself in a reserve almost with eve­ry Body, there being very few about him whom he durst intirely trust: and certain it is, had not his Mind been of a great and undaunted stayed­ness and calmness, the shocks he met with had dashed him to pieces.

But having recovered his Health, & put things in the best Order could be expected in the midst of so great Disorders, he took Journey to Lon­don on the 28 th of December, having committed the chief care of busi­ness to the Earl of Traquair; in who [...]e hands he left some of the Blanks under the Kings Hand which he had by him, to be filled up as Traquair should be answerable; with a particular Order, that if the Lords of the Covenant pressed the Lords of the Session to doe any thing that might infer an Acknowledgment of the Assembly of Glasgow, and if he saw any grounds to fear their yielding, then he should fill up one of the Blanks with a Proclamation to the Session to rise. Thus ended this Ominous Year.

An. 1639.Anno 1639.

The sad po­sture Affairs were in.THE Marquis his thoughts did bear him sad company during his Jour­ney: the least painful of them was, that he knew he had many Enemies, who would impute the present Disorders to his Mismanage­ment, if not to his unfaithfulness; but those he quieted with his confi­dence in His Majesties Justice, and his own Integrity. And indeed any personal Hazard could meet him must have had small footing in a mind prepossessed with other thoughts. That which tormented him most (as appears by his Letters) was, that he saw inevitable Ruine hanging ei­ther over his Master, or his Country, if not over both; since the Ru­ine of either would prove fatal to both. To advise His Majesty to Treat any further, before he were in a posture to command as well as to treat, was so dishonourable that he could not think of it. He saw a Kingly way must be taken, but he knew well His Majesties Affairs were not in a very good posture. England had enjoyed a long quiet, and so both their Warlike Spirits and Preparations were much rusted: there was store of Factious Spirits among them, who would give heartless assistance to His Majesty in his Designs; and those who would be most forward, he knew were ready to drive His Majesties Resentments too far. He saw little hope of any Party to be made for the King in Scotland, except from the Marquis of Huntley. He knew the Covenanters would proceed as men desperate; and less heartiness could be expected from His Maje­sties hired Souldiers, than from such as had no hope but in their hands and actions. In a word, all things looked so cloudy to his discerning mind, that it proved a melancholy Journey to him.

The King highly displea­sed with the Covenanters.On the 5 th of Ianuary he came to Whitehall, where he gave the King a true and ample Relation of all particulars. His Majesty was fully sa­tisfied with his Carriage in every step of it, approving all he had done; but was so highly irritated at the Covenanters, that he resolved nei­ther to think nor talk of Treating, till he should appear in a more for­midable posture; judging it would render his Person and Government contemptible, not onely to all abroad, but to his other Subjects, and teach them to kick off his Authority, if after all the Affronts had been put upon his Laws and Condescensions he should be so tame as still to Treat; and therefore was resolved not to receive the Letter he knew was coming from the Assembly to him, backed with a Petition from the Lords. But the Marquis desired he would delay any such more appa­rent Breach, till he were ready to appear in the Field, which was im­possible before March. All His Majesties thoughts were now bent up­on the way of reducing Scotland to due Obedience, in which the Mar­quis offered him his humble and hearty concurrence: for though his Affection to his Country and Friends did struggle strongly against his engaging further, yet it yielded to his Duty; but not so intirely, as to clear his Spirit of sad regrates. And in this he was not onely rivalled, but far out-stripped by his Soveraign, whose Sorrow keeping pace with his Affection and Interest, made this Expedition prove as sad as it was just.

[Page 113]The Design was thus laid down: His Majesty was to raise an Army of thirty thousand Horse and Foot, and to lead them in Person to­wards Scotland: He was to write to all the Nobility of England; and resolves on a War; to wait upon him to the Campagne with their Attendants, who should be maintained by His Majesties Pay: He was to put good Garrisons in Berwick and Carlisle, two thousand in the former, and five hundred in the latter: He was at the same time to send a Fleet to ply from the Frith North-ward for stooping of Trade, and making a great Diver­sion for guarding the Coast: He was also to send an Army of five thousand men under the Marquis his Command to land in the North, and joyn with Huntley's Forces: all which should be under his Com­mand, he retaining still the Character of Commissioner, with the addi­tion of General of the Forces in Scotland. And with these he was, First, to make the North sure, and then to move South-ward, which might both make another great Diversion, and encourage such as wished well to His Majesties Service, who were the greater number in those Parts. Next, the Earl of Antrim was to land in Argyle-shire, upon his Preten­sions to Kyntire, and the old Fewds betwixt the Mackdonalds and Camp­bels; and he promised to bring with him ten or twelve thousand men. And last of all, the Earl of Strafford was to draw together such Forces as could be levied and spared out of Ireland, and come with another Fleet into Dumbriton-Frith; and for his encouragement, the Marquis desired him to touch at Arran, (that being the only place of his Interest which he could offer unto His Majesty) and he would be sure of all his Men there, ( such naked Rogues as they were, is his own phrase.) Be­sides, there were store of Cows in that Island for the provision of the Fleet, which he appointed should not be spared.

Thus was the Design laid down for curbing the Scotish Insolences: and layes down method [...] for the effe­ctuating of his design. yet His Majesty firmly resolved, that when-ever they returned to their Obedience, he should not be inexorable. The first thing for prosecu­ting this Design, was the looking for Officers and Money: for the former, England was pretty scant; yet the best were sought out. On the second of February the King named the Earl of Arundel to be Ge­neral, the Earl of Essex to be Lieutenant-General of the Foot, and the Earl of Holland to command the Horse. Letters were also sent through the Counties for levying of Men, and Advertisements given to the No­bility to meet the King at York against the first of April. Antrim un­dertook bravely, and Strafford said, he should doe what was possible with all expedition. The Fleet was appointed presently to be rigged out; and Orders issued out for levying five thousand Souldiers, un­der the Command of the three gallant Colonels, Morton, Byron, and Harecoat, who should go with the Fleet without knowing whither they went. A Commission for the Lieutenantry of the North of Scot­land was sent to the Marquis of Huntley; but he was ordered to keep it up as long as was possible, and carefully to observe two things. One was, not to be the first Aggressor, except he were highly provoked, or His Majesties Authority signally affronted; the other was, that he should keep off with long Weapons, till His Majesty were on the Bor­ders; lest if he should begin sooner, the Covenanters might overwhelm him with their whole Force, and either ruine him, or force him to lay down his Arms. As for the Marquis his Employment, he told His Ma­jesty, that though he was so far from declining his Service at such a [Page 114] time, that he should be infinitely troubled if he were not imployed: yet he desired the King might choose a fitter person for the Naval Forces, since he was altogether unacquainted with Sea-affairs, and not fit for such an important Service. But His Majesty looking upon this as an effect of his Modesty, gave no hearing to it; telling him, that as for Affairs purely Naval, Sir Iohn Pennington the Vice-admiral should go with him, and would abundantly supply his defects in that.

But the getting of Money was the hardest part of all, for two hundred thousand pound Sterlin was all the Money the King could make account of. The Treasury was much exhausted; and an unlucky Accident fell in at that time, which put the King to much extraordinary Expence, the Queen-Mother of France coming over to England: yet the King found Himself able to doe well enough for the Summer following, but His Purse could not weather out another year.

Thus did the King frame and prosecute His Design, with the Secret whereof very few were trusted; it being communicated to none with­out reserve, save to Canterbury, Arundel; Sir Henry Vane, and by Letters to Strafford, but above all to the Marquis.

But here this Narration must be stopt, that we may take a view of Scotland, The Covenan­ters prepare for War. and of the Power and Practices of the Covenanters. In the beginning of Ianuary there was a full Meeting of them at Edinburgh, where they first resolved to send a Gentleman to the King, with the Assemblies Letter, and a Petition from themselves, full of Submission to the King, Invectives against the Marquis, and Justifications of their Procedure in all things, particularly in the late Assembly: which they doubted not, they should make appear in the ensuing Parliament, of the holding whereof they seemed to make no question. With this the Earl of Argyle wrote a general Vindication of his own Behaviour; and these Letters were sent to Court by Mr. Winram. His Majesty received their Petition, but resolved to give it such an Answer in due time as their Behaviour deserved: but he wrote back to Argyle, that he should be willing to receive from his own mouth a Vindication of his late Beha­viour, though it seemed scarce capable of any. The Covenanters their next, and indeed chief care, was, to fortifie themselves against what they knew in reason they might quickly expect. Orders were there­fore given through all the Shires of Scotland, that a Committee of War should sit in every Shire, Souldiers be listed and trained, and a Commissioner sent from every County, to lie at Edinburgh for recei­ving and transmitting of Orders. Great care was also taken to pro­vide the Country with Arms and Ammunition, Merchants were sent every where to buy up all were to be had, and in a short time there were Arms for above thirty thousand men brought to Scotland; and particular Orders were given, that none should be sold, but to such as were well-affected to the Cause. Strong and strict Guards were set about the Castle of Edinburgh, so that it being but hitherto ill furnish­ed, little was to be expected from it; wherefore Ruthwen would not shut himself up within it, but went to offer his Service to His Majesty, where he might be more useful. They were also careful to fortifie Leith, apprehending hazard from the Kings Fleet; and about fifteen hundred of all Sexes, yea and all Qualities, for encouraging of others, wrought about it till the Fortifications were compleated.

[Page 115]But of all men the Ministers were the busiest: the Pulpits did ring with the Ruine of Religion and Liberties; and that all might look for Popery and Bondage, if they did not now quit themselves like men. and are much inflamed by the Ministers. Curses were thundred out against those who went not out to help the An­gel of the Lord against the mighty, (so oddly was the Scripture applied;) and to set off this the better, all was carried on with many Fasts and Prayers: and they forgot not to pretend much Duty and Affection to the King; but the Bishops and his other ill Councellours (as they called them) got the blame of all, and none more than the Marquis. By these means it was, that the poor and well-meaning People were animated in­to great extremities of Zeal, resolving to hazard all in pursuance of the Cause: for they were told, that the design was to reduce Scotland to a Province under the Power of the English, whose Oppression they must resolve to bear if they stood not now to their own Defence. Upon this it was that the Committees for War, which were held in the several Shires about the beginning of February, found small resistance, and no dif­ficulty of levying Men; greater numbers being offered than could be ei­ther armed or maintained.

At Edinburgh the Session met with great trouble from the Covenan­ters; The Session is disturbed. for the greater number of the Lords of the Session being resolved not to own the Assembly, all such Petitions wherein the Bishops were not designed as they ought to have been, but were called either pre­tended Bishops, or late Ministers of the Places where they served before their Promotion, were rejected: and some Signatures being offered in Exchequer, wherein they were so designed, Traquair took them and tore them to pieces. Of all this the Covenanters complained, as if Justice were denied; but it was told them, that if they went to force the Sessi­on, it would be High Treason, and that they would never yield to them. But the four Covenanting Lords of the Session having passed Petitions wherein the Bishops were so called, these were stopt at the Signet. The Covenanters made also great Complaints to the Council, of some persons who had written to England of their Designs to invade it; of which they protested themselves innocent, and craved liberty to pursue their Slanderers: but that was laid aside, only a Letter was writ­ten about it to the King. Yet all, at least most, of the Council, what through fear, what through inclination, went along with the Cove­nanters; and such as stood firm to their Duty were forced to fly into England.

The Covenanters made sure work of all the Shires; They become Masters of all Scotland. onely in Twed­dale Traquair resisted them a little, and got their Meetings to be desert­ed for two or three Diets; but that was all he could doe. In Teviot­dale the Earl of Roxburgh kept all right, and begun to levy men as well as others; but he was faintly followed. The Marquis of Douglass was not able to doe His Majesty that Service his Illustrious Ancestours had done the former Kings; for himself was a Papist, and so not followed by the Friends and Dependers of that Noble Family: so that all the Marquis could doe, was to go and wait upon His Majesty, and offer his House of Tentallon to be made use of as the King pleased. But the Co­venanters seized both it and his House of Douglass: and thus all on the South of Tay was lost without stroke of Sword. But in Angus the Earls of Airly and Southesk made more vigorous resistance to the At­tempts of the Covenanters, and were able to have made that Country [Page 116] good for the King, but could not withstand the Force came upon them from other Places. They all armed, and Earl Airly stood out to the Pa­cification, but Southesk was fitter for a Council than a Camp; and see­ing inevitable Ruine to follow, since the Kings Preparations went on so slowly, he struck sail and came to Edinburgh. Huntley gave them more trouble: for my Lord of Montrose and Kinghorn, with some others, coming to hold a Committee at Turreff in that County, he gathered so many together, and came so near them, that they were forced to di­sperse themselves; yet he kept up his Commission of Lieutenantry, act­ing onely in the quality of a Peer and Councellour. But they resolved, since they could doe nothing against him with the men of that Shire, to bring a Body from other Places to ruine him. The want which pinch­ed the Covenanters most at first was, of good Officers; and this made General Lesley (who at that time had acquired much Fame in the Wars of Germany) get an earnest Invitation sent him from the Earl of Rothes, in the name of the Covenante [...]s, to come home to command their Forces: upon which he did quit his Employment there, and came to Scotland with many other Commanders. He was chosen their General, and un­dertook the Service with much Joy. And this was the Posture and Pre­parations of Scotland, which I draw from the Letters that are yet extant, written to the Marquis from the Lords of Traquair, Huntley, Airly, and Roxburgh.

Mean-while the King went on, making all the haste with his Levies and Preparations that was possible, in which none acted his part with more Fidelity and better Dispatch than the Earl of Northumberland, who was Admiral, and discharged what was committed to him so well, that no­thing was defective that concerned the Fleet. But the Marquis found the Hearts of many of the English Nobility both backward and cold; and in particular he assured the King, that he saw much Heartiness was not to be expected from some of the general Officers; which the King apprehending, The King emits his De­claration of the Reasons of the War. trusted them as little as was possible. About the middle of March the King published a Declaration of the Reasons of his Expe­dition against Scotland, which was followed by a larger one, commonly called the Large Declaration or Manifesto, penned by Balcanqual, and re­vised by His Majesty: in which a full account was given of the rise and progress of the Combustions of Scotland; of which no more shall be said, it being so commonly known, save that from the account hath been gi­ven it will appear, how unjustly that Book was charged to be full of Lies and Calumnies.

The Covenan­ters begin the War.The News of this coming to Scotland set all a-flaming; whereupon they first sent in Papers and Letters through all England, and to the Court, vindicating themselves with high Protestations, that they design­ed not the Invasion of England, as had b [...]en misrepresented: and there­fore they expected no Hostility from th [...]m, to whom they neither did, nor intended hurt. These Letters were said not to be ill-received, even by some at Court, who were in the highest Trust. The Covenanters al­so resolved to take the start of the King; and so on the 23 th of March General Lesley with some Companies went to the Castle of Edinburgh, and petarded the Gates, and set Ladders to the Walls, and carried it, no resistance being made from those within. It is true, much could not be made; but that could not wipe off their stain, who yielded that impreg­nable and important Place so faintly. The occasion of their negligence [Page 117] was, that a Gentlewoman of good Quality was sent in under pretence of visiting the Captain of the Castle, to keep him in discourse: she di­ned with him, and engaged him to play at Cards, so that they were about his ears, before he was apprehensive of danger. Dumbriton run the same fate, it being surrendred by Sir William Stewart; whose only excuse was, that at his coming down the former year, he found the whole Garrison Covenanters, that he durst not turn them off, nor take on new Souldiers without a powerful assistance; and so finding them resolved both to deliver him and the Castle up, he could do no­thing alone: besides that he was unprovided of every thing that was necessary for a Siege. The next day after the Castle of Edinburgh was seized, the Covenanters went to the Session to force the Lords to take the Covenant [...] but most of them refused it: then they seized on the Privy-Seal, a [...]d thought to have got the Great Seal, which the Marquis had committed to the keeping of an honest Servant Mr. Iohn Hamilton, by their endeavours to prevail with him for it; but he refused to part with it except with his Life, and so preserved it.

Their next Attempt was upon Dalkeith, whither Traquair retired with a small Company: and he without stroke of Sword surrendred it, for which his Courage seemed more blame-worthy than his Hone­sty. But his greatest fault was, that he yielded up the Regalia, the Crown and Scepter which lay there, and carried them not with him: neither did he spoil the Arms that lay there, which since he could not carry with him, he ought to have done, and not to have left them to strengthen the Enemy. But from this he hasted to meet the King at York. Roxburgh's Misfortune followed this; his County being upon the Borders was of great importance for the Kings Service, and he kept it in pretty good order, till Munro came with some Forces out of other Shires: but his Son Lord Ker, whom he left with the Trust of all, (going himself to wait on the King) turned over to the Covenant. The News of this overtook Roxburgh in his Journey, in which he made the more haste, that he might be the first who should give the King an account of that unlucky Adventure, whereby he might pre­vent all Jealousies against himself.

The King set out from London the 27 th of March, and came to York the first of April. The first blast of this Storm fell on Huntley, against whom the Covenanters sent a great Force both of Horse and Foot with some Cannon, commanded by the Earls of Montrose and Marshal. But Marquis Huntley finding himself unable to resist them, retired in some disorder to Turreff, and they followed him, taking Aberdeen in their way; which had hitherto stood for the King, but was now forced to render, the Bishop with the Doctors escaping by Sea to Berwick. At Turreff My Lord Huntley laid down Arms, where treating with them, by a surprize he and his Son the Lord Gordon were taken Prisoners, and brought over, and committed to the Castle of Edinburgh, The Marquis of Huntley is taken priso­ner. where they lay till the Capitulation at Birks. I am sorry I want materials for saying more in the vindication of that Noble Person; but I must not dismiss one Story without taking notice of it, which is, that the Mar­quis is blamed, as having given him Orders to doe as he did. And this, with other Stories of the like truth, was put in to swell the Charge gi­ven in against him some years after this; yet it is strange that when the Viscount of Aboyne, who was Huntley's second Son, came to wait upon [Page 118] the King at York, there was no Complaint made of that: nor when Huntley was enlarged and waited on the King, do [...]s there appear the least vestige of his alledging any thing to the Marquis his preju­dice. The ground of the Story is this, the Marquis had written in the Kings Name, and by his Order, to the Marquis of Huntley, when he sent him the Commission of Lieutenantry (as hath been said) to beware as much as was possible, that he should not be the first Aggressor, till His Majesty were upon the Borders; for the King knew that Huntley could not resist all the Covenanters Forces, and to make a powerful Diversion when the King should be dealing with them in the South, was all could be expected from him. Likewise, the Marquis failed not to give weekly Advertisements of the progress of the Kings Preparations; which appears both from Huntley's Letters to the Marquis, and the Co­pies of the Returns he gave them, that are yet extant: and therefore there remains nothing upon this account to charge or suspect the Mar­quis his Fidelity.

The Marquis prepares for the Sea, and gets three Let­ters from the King.The Marquis was left at London to see that the Fleet and the other Land Souldiers, who were to be shipped in some Colliers Vessels, might be ready to go aboard upon Order: and His Majesty wrote him the fol­lowing Letter before he left London.

Hamilton,

I Received yours but this morning, to which before I answer, I must tell you News: First, that Jacob Ashly has possessed Berwick with 1000 Foot and 60 Horse, and Carlisle is likewise pos­sessed by My Lord Clifford with 300 men; Secondly, I have comman­ded Traquair to keep his C [...]amber, until he give me an account how he left Da [...]keith, with [...]ut striking one stroke, and before any Cannon was br [...]ught before it, having left the Ammunition (not destroyed) to their reverence, and likewise the Regalia: of this more by the next. Now for Answer, I have given the Proclama­tion to be written over by the Clerk-Register, with the General Oath, both which you shall have with all speed: for your Military Oath, I like it extreme well, as likewise your opinion for detaining the Pa­tents of Honours until the Country be settled; for your Brother, certainly if you had forgotten him I should not, but have remembred my old Engagement: and for Dalliel, indeed he deserves well; yet methinks a Viscounty may serve at this time, that I may have something more to give upon further occasion: and so I rest

Your assured constant Friend, CHARLES R.
York, 2 Apr. 1639.

The next day he had that which follows.

Hamilton,

ACcording to my promise yesterday I have sent you back the Pro­clamation and Oath, but with very few Additions. As touch­ing Traquair I can say little more than I did, because I have not yet seen his Defence; only if I had not taken this rude notice of his base Action, I am sure I should have disheartened a number of ho­nester men than ever he was, or will be. This morning I have News of the safe Landing of the 500 Irish, which are by this time in Car­li [...]le, there to attend until further Directions. I have no more at this time to say, but to know, if Col. Gun be not one that you have entertained, for it is said that he is going back again to Germany. One thing I had almost forgot; they say for certain that Aberdeen holds out still, and is not likely to yield in haste; if it be so, you know what to do. And so I rest

Your assured constant Friend, CHARLES R.
York, 3 Apr. 1639.

The day following he got the next Letter.

Hamilton,

THis is to tell you, that the News of the rendring of Aberdeen came immediately after the dispatch of the last Post, and th [...]t though Huntley be retired, yet he is neither beaten nor over-run: but the chief cause of my writing at this time is, that since I have shown the Proclamation to Orbiston and Sir Lewis Stewart, they have both been very instant with me to change something in it: which (though my Iudgement goes with them in the most, and there­fore I will not be wilful; yet) I think I shall alter, or (but rather) palliate one point, to wit, not to set Prices upon the declared Re­bels Heads, until they have stood out some little time; which time is to be expressed in this same Declaration. An [...]ther thing is, whi­ther and when to send you Devick; and lastly, whether I shall see you before you put to Sea, which I should be glad of, if it should not retard the Service: and so I rest

Your assured constant Friend, CHARLES R.
York, 5 Apr. 1639.

[Page 120]A Dispatch came at this time from Ireland, shewing that it would be about the end of Iune, before the Lord Lieutenant could come with the Army he was preparing for His Majesties assistance: The hopes from Ireland fail. adding, that all Antrims fair undertakings were like to vanish in Air, and that he was not able to doe as he had engaged; for after he had used many Arts, to find some colour of fastening the failing on the Lieutenants part, by unreasonable demands, finding him satisfied with them all, was forced to acknowledge that he was not able to doe the King the Service he had unde [...]taken that Summer: yet most of the Scots in Ireland offered their Service very cordially, and willingly declared their dislike of the Covenant.

The King ad­vises about the Indempnity he was to offer the Covenan­ters.His Majesties next care was about His Proclamation for Scotland, wherein he gave an account of the Affronts His Authority had received by the Covenanters, and his designs to doe [...]imself right, according to the Power and Authority God had put in his hand: withal offering Indempnity to such as should within eight days lay down their Arms, some few excepted; Decla­ring such as would not obey, Rebels, setting a Price upon their Heads, and ordering their Vassals and Tenants not to acknowledge them, nor pay them Rents. But by His Majesties Letters it will appear, how he was advi­sed to change some particulars of the first Draught, to which Counsels His Majesty did willingly give ear: though there were some about him of both Nations, studious enough to disswade him from any thing that looked like a temper; some carried on by their Revenge, and passi­onate Resentments: others were acted perhaps with worse Principles and Designs. In end His Majesty having resolved on a draught of a Proclamation, he sent one to the Marquis with this following Letter.

Hamilton,

I Send you with this my Proclamation, as I have now made it up­on debate with Sir Lewis Stewart, wherein I have altered no­thing from the first, but what I wrote you by my last; only I have added some things of favour to those that shall repent, which never­theless are of so little moment, that although this should not come to your hands time enough, the other might pass very well. As for the publishing of it, I shall doe my best to get it proclaimed both in Edinburgh, and in the rest of the Kingdom: nevertheless you must not leave to doe your best for the publishing of it. So wishing good success as well to your Person as Cause, I rest

Your assured constant Friend, CHARLES R.
York, 7 Apr. 1639.

And with this Letter the King sent the following Order written with His Own Hand.

Hamilton,

I Send you herewith my Pleasure in a Proclamation to my Sub­jects of Scotland, and by this command you to use all sort of Hostility against all those who shall not submit themselves accor­ding to the tenour of the same; for which this shall be your Warrant.

CHARLES R.
York, 7 Apr. 1639.

At the same time the Marquis received the following Letter.

Hamilton,

I Have spoken with Henry Vane at full, of all those things that were concerted betwixt you, and agree in all things but one, which is, that he thinks your going into the Frith, will make the Rebels enter into England the sooner; whereas on the contrary, I think that my po [...]sessing of Carlisle and Berwick hath made them so mad, that they will enter in as soon as they can perswade an Ar­my together, except they be hindred by some awful Diversion: where­fore I could wish that you were even now in the Frith, though the Borders might be quiet till my Army be brought together, which they say will hardly be yet these ten days. Yet I am not out of hope to be at Newcastle within these fourteen days, and so to Ber­wick as soon as I may with either Honour or Safety; wherefore my Conclusion is, go on a Gods Name in your former Intentions, ex­cept I send you otherwise [...]ord, or your self find some inevitable ne­cessity: and so I rest

Your assured constant Friend, CHARLES R.
York, 10 Apr. 1638.
POSTSCRIPT.

I have sent y [...]u ten Blanks, whereof four be Signaturewise.

Both these found him at Yarmouth Road on the fifteenth of April, whither he was come to take in his Souldiers. The Marquis is at Yarmout [...] to put his Souldiers a­board. The Officers were very affectionate to His Majesties Service, but did not know what their em­ployment was to be, save that in general they were to go to Sea. When he told them they must go to Holy-Island, and there receive the Kings further Orders, they seemed surprized; yet were resolved on Obedi­ence. Their men were good bodies, well cloathed, and well armed; but so little exercised, that of the 5000 there were not 200 that could fire a Musket. The occasion of this was, a Clause in the Councils Let­ter [Page 122] to the Lieutenants of the Counties, in which they were levied, that if other good men could be had, the trained men should be spared; and the Deputy-Lieutenants upon this ordered it so, that not so much as the Serjeants and Corporals were trained. But whether there was a Design in this God knows, for nothing appears to make it out be­side Jealousies. This was a great affliction to the Marquis, for he knew the King confided much in him; and yet he saw there was an Im­possibility of his doing any thing to purpose, till the Souldiers were some ways exercised; which he caused doe upon the Ships as frequent­ly as was possible. The furnishing them with Water and other neces­saries, together with Cross Winds, kept them some days in the Road; and before they got out of it, the Marquis received the following Let­ter from His Majesty.

Hamilton,

IT is true that I was content to hear your Advice concerning your going into the Frith, it being chiefly to shew Henry Vane, that your Iudgement went along as well as your Obedience: though I had a care ever to take off from you the envy of seeking this par­ticular Imployment, taking it, as it is just, upon my own abso­lute Command; yet I will not say, but that you might have cause to wonder, because neither of us expressed our selves so clearly as we might. But my chief errand to you at this time is, that upon seri­ous Debate upon your long Letter to Henry Vane, only with him and Arundel, (for I dare trust no ot [...]er) we found no reason to alter my former Commands, but were more confirmed in the fitness of them; only we have thought requisit to alter some things in the Proclama­tion, which you shall receive by the next Dispatch, at furthest with­in a day or two of this: so that you are not to (indeed I think you cannot) publish any, until the New one come to you, (for I believe it will be at the Holy-Island before you:) the Alterations of which you will only find to be, that I do not say all I think; but in no ways slack my Resolution, much less seem to yield to any new thing. So referring you to Henry Vane for the relating of our Proceedings here, I rest

Your assured constant Friend, CHARLES R.
York, 18 Apr. 1639. at ten a clock at night.

About the end of the Month he set Sail, but the Winds were contra­ry, and so it was the 29 th of the Month e're he got to Holy-Island; where he met the following Letters from His Majesty.

Hamilton,

ACcording to my Promise on Thursday last, I send you herewith the Proclamation altered as I then wrote; and that you may not think that these Alterations are grounded upon new Counsels, I shall desire you to observe, that I do not so much as seem to adde the least thing to my former Promises. It is true, that I neither mention the late pretended General Assembly at Glasgow, n [...]r the Covenant, at this time: my reason is, that if for the present I could get Civil Obedience, and my Forts restored, I might then talk of the other things upon better terms. As for excepting some out of the General Pardon, almost every one now thinks that it would be a means to unite them the faster together; whereas there is no fear, but that those who are fit to be excepted, will doe it themselves by not accept­ing of Pard [...]n, of which number I pray God there be not too many: So that you are now to go on according to your former Directions, onely proclaiming this instead of my former signed Proclamation; and so to proceed with Fire and Sword against all those that shall disobey the same. So praying to God to prosper you in all things, I rest

Your assured constant Friend, CHARLES R.
York, 10 Apr. 1639. at 4 in the Afternoon.
Hamilton,

BEfore that this come to your hands you will have received two of mine of an el [...]er Date, to which I can adde so little, that if I had not received yours of the 18 th, I would not have written at this time. You have done well in laying all the Doubts before me, and shewing all your Defects, (for which I am heartily sorry) by which I see there is not so much to be expected as otherwise there might: yet I continue my former Resolution, being glad that your own inclina­tion leads you thereto; recommending Tantallon to your thoughts, for the which I have agreed with the true Owner. Think not of the North untill I have done some good in the South. I shall haste to Berwick as soon as possibly I may; but I fear it will not be before the 12 th of May, and I hope the 15 th will be the latest. So hoping to have a merry meeting with you in Scotland, I rest

Your assured constant Friend, CHARLES R.
York, 23 Apr. 1639.

[Page 124]With these he got also the following Note in answer to his last Letter from Yarmouth-Road.

Hamilton,

HAving opened your Pacquet to Master Treasurer, I could not but tell you, that I could not but pity your cross Winds, and com­mend your Diligence: and so I rest

Your assured constant Friend, CHARLES R.
York, 25 Apr. 1639.

Having received these Orders he held on his Course, and on the first of May he entred the Frith, and found the fittest place to cast Anchor in was Leith-Road. The Covenanters had committed a great escape, in not building a Fort on Inchkeith; which might have occasioned much trouble to him, besides that it would have kept that Place from him, which proved of great use to his weary Souldiers. As soon as he came thither, Fires were presently set up on all the Hills to gather the Coun­try for the defence of the Coast, which they expected he should have set on immediately. But he was first to get the Proclamation publish­ed, wherefore that same night he sent one ashore with a Letter to the Clerk of the Council, commanding him to come aboard. He wrote al­so to the Magistrates of Edinburgh to send him to him. The Bearer of these Letters was used civilly, but kept as a Prisoner; and the Town-Council of Edinburgh excused themselves from sending the Clerk of the Council to him. The Clerk also wrote to him, that he was kept by Force from coming to wait upon him. Next day he landed his Regi­ments on Inchkeith and Inchcolm, (two little Islands in the Frith;) one of them upon the former, and two on the latter, both for giving them air, and exercising them. He caused also search and cleanse the Wells of these Places, which gave great relief: but at this time the Small Pox got among his Men, whereupon he put all the Infected in Ships by them­selves; some few died. Yet for all the stories were made of his Mens dying below Decks, very few died during his whole stay at Sea; and he divided his care so equally among them, and was so obliging to them all, that they not o [...]ely were far from mutinying, but all of them be­came most cordial to him: and the Colonels did highly magnifie both his Conduct, and his obliging Civilities to them, in their Letters to Sir Henry Vane.

He sends the Kings Procla­mation to Edinburgh.Three days after his former Message he sent one ashore with His Ma­jesties Proclamation, (inclosed in a Letter to the Magistrates of Edin­burgh) commanding them to publish it next day in due form, under all pains; and sent another Proclamation to the Clerk of the Council, com­manding him to see it published; or if that were not done, to cause af­fix it at the Cross. And next day at the hour wherein it ought to have been published, he caused loose some Peece of Ordnance: but the Ma­gistrates of Edinburgh desired a delay of three days; to which he yielded because he was willing it might fall out so, that as soon as the eight days [Page 125] prefixed in the Proclamation were expired, His Majesty might be on the Borders, that so they might be ready to enter into Hostilities imme­diately. Upon which he wrote to His Majesty what he had learned of the Strength and Resolutions of the Covenanters, suggesting how ne­cessary he believed it was to listen to a Treaty, if the Covenanters de­sired it.

On the 9 th of May he received the following Letter, signed by about 40 of the chief Lords and Gentlemen of the Covenant, the Original whereof is yet extant.

Please your Grace,

AS we were here met to attend the Parliament indicted by His Majesty, there was shewed to us by the Provost of Edinburgh a Letter from your Grace to himself, and the Bailiffs, and Council of this City, with the Copy of theirs returned to your Grace, deferring the more full Answer till our Meet­ing. And withall there was presented from your Grace His Majesties Pro­clamation, which having perused, we find it doth contain divers points not onely contrary to our National Oath to God, but also to the Laws and Liberties of the Kingdom: for it carries a denunciation of the high crime of Treason against all such as do not accept the Offer therein contained; albeit it be onely a Writing put in Print without the Kingdom, and not warranted by Act and Authority of the Council, lawfully convened within this Kingdom. And your Grace in your Wisdom may consider, whether it can stand with the Laws, Liberties, and Customs of this Kingdom, that a Proclamation of so great and dangerous Consequence, wanting the necessary Solemnities, should be pub­lished at the Mercat-cross of this City. Whereas your Grace knows well, that by the Laws of this Kingdom, Treason and Forfeiture of the Lands, Life, and Estate of the meanest Subject within the same, cannot be declared but either in Parliament, or in a Supreme Iustice-Court, after Citation and lawful Probati­on, how much less of the whole Pe [...]rs and Body of the Kingdom, without ei­ther Court, Proof, or Trial. And al [...]eit we do heartily and humbly acknow­ledge and profess all dutiful and ci [...]il Obedience to His Majesty as our Dread and Gracious Soveraign: yet since this Proclamation does import in effect the renouncing of our Covenant made with God, and of the necessary means of our lawful Defence, we cannot give Obedience thereto, without bringing a Curse upon this Kirk and Kingdom, and Ruine upon our selves and our Po­sterity; whereby we are persuaded, that it did never proceed from His Maje­sty, but that it is a deep Plot contrived by the Policy of the Devilish Malice of the known and cursed Enemies of this Church and State; by which they have intended so to disjoyn us from His Majesty, and among our selves, as the Rup­ture, Rent, and Confusion of both, might be irreparable, wherein we hope the Lord (in whom we trust) shall disappoint them. And seeing we have left no means possible unessayed, since His Majesties coming to York, (as before) where­by His Majesties Ear might be made patent to our just Informati [...]ns, but have used the help (to our last Remonstrance) of the Lord Gray, the Iustice-Clerk, the Treasurer, and the Lord Daliell, as the Bearer can inform your Grace, and yet have never had the happiness to attain any hopes of our end, but have altogether been frustrate and disappointed thereof; and now understanding by the sight of your Graces Letter, that your Grace as His Majesties High Com­missioner is returned with full Power and Authority to accommodate Affairs in a peaceable way, we will not cease to have recourse to your Grace, as one who hath chief Interest in this Kirk and Kingdom, desiring your Grace to consider, [Page 126] (as in our Iudgments we are persuaded) that there is no way so ready and assu­red, to settle and compose all Affairs, as by holding of the Parliament accord­ing to His Majesties Indiction, either by His Sacred Majesty in Person, which is our chiefest desire, or by your Grace as His Majesties Commissioner, at the time appointed, wherein your Grace shall find our Carriage most Humble, Loy­al, and Dutiful to our Soveraign, or to your Grace as representing His Maje­sties Person: and in the mean time that your Grace would open a safe way, whereby our Supplications and Informations may have access to His Ma­jesties Ears. And we are fully persuaded, that we shall be able to clear the Lawfulness and Integrity of Our Intentions and Proceedings to His Majesty, and make it evident to His Majesty, and to the World, that our Enemies are Traitors to the King, to the Church and State; and that we are and ever have been His Majesties Loyal and Obedient Subjects. So we rest

Your Graces humble Servants,
  • A. Lesley
  • Argyle
  • Marre
  • Rothes
  • Eglinton
  • Cassils
  • Wigtown
  • Dalhousie
  • Lothian
  • Angus
  • Elcho
  • Lindesay
  • Balmerino
  • Montgomery
  • Forrester
  • Erskins
  • Boyd
  • Napier
  • Burghly
  • Kirkudbright
Edinburgh, 9 May, 1639.

And about 30 Commissioners for Shires and Burroughs.

To this Letter the Marquis wrote the following Answer next day, di­recting it to the Earl of Rothes.

My Lord,

I Received a Letter yesterday morning signed by your Lordship, and diver [...] Noblemen, and others, wherein you alledge you are come to attend the Par­liament; but considering your Preparation and Equipage, it appears rather to fight a Battel, than to hold a Civil Convocation for the good of the Church and Commonwealth. You may perceive by His Majesties Gracious Proclamation, that he intended in His Own Sacred Person to be present at the Parliament, so soon as with Honour and Safety he might doe it, and for that end exprest therein what was fit to be done. But these Courses which you take, and your Disobedience to his Iust Commands, daily more and more shewed, will necessi­tate him to have them put in execution another way.

It is true, that His Majesty sent me hither to accommodate these Affairs in a peaceable manner, if it were possible, which I have laboured to doe; and accordingly my Deportment hath been, which hath been met with that Retribu­tion, as if I had met with the greatest Enemy: but your refusing to publish His Majesties Grace to his People, signified in his Proclamation, hath taken away that Power which otherwise I had; that being a Liberty taken to your selves, which never any Loyal Subjects assumed in any Monarchy. You alledge many Reasons for your selves, of the Illegality of that Proclamation; but you can­not be ignorant, that your Carriage hath forced many of these principal Coun­cellours for safeguard of their Lives to forsake the Kingdom, out of which they remain yet for the same cause. You have suppressed the Printing of all Wri­tings, [Page 127] but what is warranted by Mr. Alexander Henderson, and one Mr. Archibald Johnstown: neither was the Clerk of the Council, whom I sent for twice to give him Directions concerning this Business, permitted to come aboard to me, upon Conference with whom (for any thing you know) I might have re­solved to come ashore my self, and convened a Council for the Publication there­of in the ordinary way. But your extraordinary Proceedings in all things must needs force from His Majesty some things, which perhaps you may think not ordinary. Whereas you desire me to be a means that your Supplications may have free access to His Majesties Ears, it is a work of no difficulty; for His Majesty hath never stopt his Ears to the Supplications of any of his Sub­jects, when they have been presented to him in that humble and fitting way which became dutiful Subjects: nor did I ever refuse any all the time I was among you, or conceal any part of them from His Majesty. So that your Al­legation of not being heard, is grounded upon the same false Foundations that your other Actions are; and serves onely for a means to delude the simple Peo­ple, that by making them believe what you have a mind to possess them with, they may become backers of your unwarranted Actions; which as it is gene­rally lamented by all His Majesties good Subjects, so it is more particularly by me, who have had the Honour to be imployed in this Business with so bad Success.

My Lord,
Your humble Servant, HAMILTON.

After this on the 11 th of May a Letter came from the Council and Session, desiring liberty to send some of their number to wait on him, Some come aboard and treat with him. which being granted, Southesk and Innerpesser came to him with a very bare Message, asking what he had to propose: he said it was contained in the Proclamation, to which he could neither adde nor change. They represented to him the Rage in which all People were, and how hard a Work it would prove, either to reclaim them by Reason, or conquer them by Force, unless way were given for some time to their Follies.

On the 13 th day he received a Letter from His Majesty, which fol­lows.

Hamilton,

THe length of Henry Vane's Dispatch will shorten this, not be­ing willing to trouble my self with writing, nor you with read­ing, of Repetitions. This I must observe to you, that whatsoever ei­ther he or I writes at this time is no absolute Command, but meerly Advices to help your Knowledge, that you may the easier judge what is best for my Service. Vpon this ground I send you here a Discourse of Mr. Thomas Hamilton's, wherein many things to my seeming are very well said, but how far practicable, or when, I leave you to judge; as likewise upon the whole matter I give you my Opinion, that if you [Page 128] find it not fit to land all your 5000 men upon Lothian-side, then it may be counsellable to send most of your Land-men to the North, to strengthen my Party there. As for your landing in the South, I shall onely name two Places besides Tentallon, to wit, Sterlin, (if that be not too far off to be relieved) and Dumbar: as for Tental­lon, I shall command the Marquis of Douglass to send one to agree that business with you. So longing to hear from you, and wishing you good luck, I rest

Your assured constant Friend, CHARLES R.
Newcastle, May 8. 1639.

To this shall be added the Paper mentioned in the Kings Letter.

A Paper of the Ferries in Scotland.THE River of Nesse is large and deep, falleth out of a Lake named Nesse 24 miles long, and 5 or 6 in breadth, into a great Bay of the Sea. On this River standeth the Town of Innernesse, which hath a strong Castle, in the keeping of the Marquis of Huntley, as yet not taken: if in this Town and Castle were put a competent Garrison, with a Ship and Pinnace in the Bay, you might break the Ferry-boats, and stop all Passages from North­ward of that River.

The River of Tay falleth out of a Lake ten miles long, and one and an half broad, from whence the River hath the name, which is the main and onely Passage between the North and the South parts of the Kingdom. This River falleth into the East Sea below Dundie, the biggest Town almost in Scotland. At the entry to the Sea it is two miles broad, and continueth the same breadth upward till within three or four miles of Saint Johnstown, between which Town and Dundie there are 16 miles and above, at no part whereof there is any Passage but by Ferry-boats. If a few Ships would ride at the mouth of this River below Dundie, and send up some small Pinnaces, they might break all the Ferry-boats, and stop all the Passages that could be made over at any part, between the North of the River and the said Town of Saint Johnstown, above which to the said Lake the River is not ridable, but at some few Fords; the Passages whereof might be kept by the Noblemen who stand well-affected to His Majesties Service, and whose Estates do lie thereabouts in Strathern: such as the Earls of Airly, Perth, Tullibardin, and Kinnowl, who if they were sent home with a competent number of Souldiers to attend them, all those of their Name, their Friends and Tenants gathered unto them, might stop all Land-passages whatsoever from North to South.

And in case the People of Fife, who dare not now cross Forth-river in re­gard of your Majesties Ships, should march with Supply by Sterlin-bridge to Lothian, these Noblemen with their Forces might be in some narrow Passage in their way; and if they could not force them to retire, yet they might fall upon their Country in their absence, so that they could not both be able to de­fend their Sea-coasts, and secure them from danger on their backs: neither durst they all turn back on Strathern, for fear that those of the Fleet should land on their shores in their absence.

[Page 129]The Shire of Perth would be a Rendezvous and safe retreat to all those of Fife, Angus, Strathern, and Highlands, who upon this Proclamation shall abandon the Covenanters Party, and stand for His Majesties Service.

These four Noblemen, with the number Your Majesty will send with them, might be sent almost to their Dwellings by Sea on the said River.

If the Town of Sterlin were seized, these River-passages made sure, and the Town of Aberdeen secured, in regard of Your Majesties Forces in the North, no harm could be expected from benorth Leith.

The 13 th of May the Marquis received the following Letter, signed, but not written, by the Earl of Rothes.

Please your Grace,

I Should have been far better contented to have seen you here at the Parlia­ment with His Majesty, The Earl of Rothes his Let­ter to the Mar­quis. or holding that indicted as His Majesties Commis­sioner, than with a Navy and Army to constrain us beyond these just limits of Religion and lawful Obedience, which we were always willing to perform. It was far by my Expectation, and your Graces Oath and Promise, that you should ever come in any chiefCommand against your Native Country. Whereas your Grace doth challenge our coming in such numbers to attend this Parliament, I hope you conceive that this Navy and Army upon the Borders, and the Inva­sion threatned in the West, do sufficiently warrant our Preparations to defend these places, and divert such dangers. That Proclamation that is said to car­ry so much Grace and Goodness, is as destitute of that, as your Invasion is of a good Warrant; which persuades me, that neither of the two proceeds from His Majesties own Gracious Disposition. I cannot stand here to answer all these misconceived particulars, contained in your Graces Letter; but if I had the Honour to see your Grace, before any more mischief be done, I dare engage my Honour and my Life to clear all these Imputations laid on our Proceedings; and I can demonstrate how hardly we have been used without any just reason. I dare not be answerable to God Almighty, and to that Duty I owe my Prince and Country, if I do not shew your Grace, that your going a little further in this violent and unjust way will put all from the hopes of Recovery, for which both a great deal of Blame from Men, and Iudgment from above shall attend you, as the special Instrument, which I wish you labour to evite. If our Destru­ction be intended, we are confident in that Majesty who owns this Cause, and is able to defend it: and if onely Terrours to fright, and prepare us to accept of any Conditions will be offered, that Intention is already as far disappoint­ed as any of these many former. But as we are ready to defend, so ever to in­sist in supplicating, and using all humble and lawful means, as becomes us. Mr. Borthwick will deliver to your Grace our Supplication to His Majesty, and both his and my mind, till I shall have the occasion to disburden my self sur­charged with grief at your Proceedings; being most desirous (as I have been formerly) to have all these occasions removed that may divert me from be­ing still

Your Graces humble Servant, ROTHES.

On the 17 th of May the Marquis returned the following Answer to the former Letter.

My Lord,

The Marquis his Answer. I Have received your Lordships Letter signed by you, but I cannot conceive it of your Lordships enditing; for I believe you would not have sent such an one to me, if you had not had some malignant spirits busied in the framing of it; for you cannot but remember that my words were never other, than that I would die at my Masters feet, and that I would prove an Enemy to the utter­most of my Power to this Kingdom, if my Countrymen continued in their Ob­stinacy: and here I set it under my Hand, that I will (by Gods Grace) make it good. It is true, knowing my own inability, I neither desired, nor indeed willingly did accept, the Conduct of an Army against this Nation; but my backwardness proceeded not out of a desire not to be imployed against such in this Country as were disobedient, but that His Majesty might have found ma­ny more able to have served him: but since he hath been pleased to trust me, I will not deceive him.

You pass by many particulars in your Answer to my Letter untouched, say­ing, you cannot stand here to answer them. It is most true, they are not to be answered, and so I take it. As for your own Iustification, it is the same which you [...]ave ever used, and so continue: but the best is, none that ever were truly informed of your Proceedings, doth or can give any approbation of them.

You say, If I go any further in a violent course, it will be past all hope of Re­medy. If I doe, none can blame my Master, for that can never be called Vio­lence which is onely to suppress Rebellion: and if I proceed to execute his Com­mands therein, you are the causers of it. As Mr. Borthwick told me, I ex­pected to have heard further from you be [...]ore now: but nothing coming, I would forbear no longer to give you this Answer under my Hand, that both you and all the World may take notice what my Inclinations are, which notwithstanding I do infinitely desire they may be stopt by your speedy and real Submission to His Majesties just Commands. And this is the prayer of him who wisheth it may be still lawful for him to call himself

Your Lordships humble Servant, HAMILTON.
From aboard the Rain­bow, 27 May, 1639.

The Kings Proclamation not suffered to be published.Upon this the Marquis was hopeless of getting the Proclamation published: wherefore he sent a great many Copies of it to all places, as he had occasion, to be dispersed over the Country. At the same time the King sent Sir Iames Carmichael the Treasurer-depute to Edinburgh, to get it published; and he meeting the Lyon-Herald require him to go doe his Duty; but he was timorous, and being threatned with his Life, as he was going to the Cross, run away without putting on his Coat.

The Marquis proposeth a Treaty to the King.On the 14 th of May the Marquis dispatched Sir Iames Hamilton to the King, with an account of all he had learned; desiring positive Orders how to proceed: whether eight days bein [...] now passed since he had of­fered the Proclamation, he might not proceed to Hostilities; or if he should continue talking in the language of a Treaty: and sent the fol­lowing Paper to Sir Henry Vane, of the Heads on which he thought a Treaty might be set on foot.

IF they can be brought to lay down their Arms, and every man to repair in quiet manner unto their own Dwellings, except such who are to attend the I Parliament.

If they can be brought to deliver up Your Majesties Castles, and other private II mens Houses they have taken, with the Arms and Ammunition they have taken.

If they can be brought to express their Sorrow, that they have offended Your III Majesty, and humbly crave Your Majesties Pardon for the same.

If they can be brought to supplicate, that what they have to say against Bi­shops IV may be heard in the next Parliament; and as their Desire shall seemjust or unjust, there to receive a Ratification or Denial.

The like for the last pretended General Assembly. V

If they in all Civil things will acknowledge Your Majesties Authority, and VI swear Obedience to the same.

If they will desist from their going on in their Fortifications, and they onely VII to remain in the estate they are in till the end of the Parliament. Though there is little hope of doing good by Treaty, or that they will condescend to this; yet I thought it my duty to give Advertisement of this, and humbly to crave Answer and Orders in writing, how far I shall give way, and how I shall carry my self.

Hamilton.

I shall desire that none may see this but His Majesty, or at least that it be not known that it came from me.

In Answer to this His Majesty wrote him the following Letter.

Hamilton,

I Have kept this honest Bearer the longer, that I may with the more assurance give you my Directions what to doe, consisting of two points, Fighting and Treating: for the first, we are still of the same Opinion; that it is not fit that you should give on un­till I be on the Borders, which will be (by the Grace of God) by this day eight days, except you find that before that time they march down to meet me with a great Strength. In that case you are to fall on them immediately, and in my Opinion as far up in the Frith as you think probably may doe good, thereby to make a Diversion. In the mean time I like well, that you go on upon that ground of Treaty you sent a Note of t [...] Master Treasurer, (which you will find I have underwritten) no body else being acquainted with it. Thus having given you my Directions both concerning Fighting and Treating, I leave the rest to the faithful Relation of the honest Bearer, and rest

Your assured constant Friend, CHARLES R.
Newcastle, 17 May, 1639.

[Page 132]And with this Letter His Majesty sent back the Note of the Grounds of Treaty, which was sent to Sir Henry Vane, with the following words written at the end of it with his own Hand.

of which His Majesty ap­proves.I like well that you go on upon those Grounds of Treaty untill I come to the Borders: which will be (by the Grace of God) by the 15th of this Moneth.

C. R.
Newcastle, 16 May, 1639.

After this the Marquis was assaulted with thundering Letters from all Hands, both from Ministers and Noblemen. Many of these Letters, with the Copies of his Answers, are yet extant, and run in a strain very far from any thing of Friendship or Correspondence; indeed they look liker Challenges than Letters of Civility. The Covenanters desired a Safe Conduct for such as they should send to him to treat with him: but he answered, he was the Kings Commissioner, and so would give no Conduct for any of his Subjects coming to wait upon him. And after a days Advisement, they sent the Lord Lindsay (the Marquis his Brother-in-law) aboard with a Petition of the former strain, who told the Marquis, that they would lay down their Lives sooner than pass from what they had done; that their Army consisted of 25000 Men: they knew the Kings Cavalry was better than theirs, but their Infantry exceeded his far. After some Discourse had passed, (all before Witnesses) the Mar­quis dismissed him. In the mean while all Trade was stopt, and every Vessel that belonged to Scotland was seized: onely such as took an Oath for adhering to the King against the present Rebellion in Scotland, were let go, according to His Majesties Orders. One Vessel was taken which was of more Importance, having in her about twenty Officers, who were coming home from Germany upon Lesley's Invitation. All these the Marquis sent to Berwick. He sent also a free Advice to the King, in­forming him of all he knew of their Strength: and that besides the Ar­my, which was marching to the Borders, there were about 20000 Men lying on both sides of the Frith, so that his being there made a power­ful Diversion. He besought His Majesty not to hazard on a Battel, the success whereof was always dubious, but more than commonly so in this case, where the one side was desperate, and the other but half cordial. He told His Majesty, how much he feared his Foot might be too weak, wherefore he desired His Majesty to consider, if he would call for two of His Regiments; since all the three were not sufficient for him to land with them, and march into the Country, and one was enough to burn the Coast, which was all he could doe: and for that he was resolved not to fail in it as soon as he had Orders; adding, that in a Fortnight he would doe all that could be done that way: after which he thought it would be fittest, that he went Northward, and landed His Regiments there, (which must be supplied another way, if His Majesty called for any of them) where some good might be done. But as for Treating, he desired His Majesty would imploy others in it, if that were to be done; for he confessed his Spirit was so irritated against them, that he desired [Page 133] neither to see nor meddle with them: onely he told His Majesty, that the Covenanters had addressed both their Letters and Petitions to some English Lords, which he thought they should have brought to His Ma­jesty unopened, and given no other Answers but such as His Majesty or­dered.

On the 26 th of May he received the following Letter from His Ma­jesty.

Hamilton,

RVmours come here so thick, of the great Forces that the Rebels mean very shortly to bring down upon me, that I thought it ne­cessary to advertise you, that you may be ready at the first Advertise­ment to land at the Holy-Island, wind and weather serving; yet not to come from where you are untill I send you word, except you shall find it necessary by your own intelligence: and so I rest

Your assured constant Friend, CHARLES R.
Newcastle, 22 May, 1639.
POSTSCRIPT.

I leave it to your Consideration, if it be not fit to leave some 300 Men in Inchcolm, though it should be fit that you should come away with the rest of the Landmen.

And the day following Sir Henry Vane wrote to him to send two of his Regiments to Holy-Island, The King calls for two Regi­ments from the Marquis. to which Letter the King added with his own Pen, ‘ I have seen and approved this; C. R.’

Upon this Order the two Regiments, commanded by Morton and Harecoat, were accordingly dispatched away immediately, and did land at Berwick on the 29 th of May. About this time the Covenanters sent a new Message to the Marquis, the account whereof shall be given from a Paper written by Sir Henry Devick, who was particularly trusted by His Majesty at this time, and was a Witness to the Conference. The Paper follows.

THE whole Discourse (so far as I can remember of it) may be reduced to these Heads. A Conference betwixt some Covenanters and the Mar­quis.

Their Invitation of your Excellence to go in person to His Majesty, to pre­sent their Desires, and to mediate for an Accommodation.

To this your Excellence answered.

First, that having full Power from His Majesty to treat and conclude of all things concerning that Business, you held it unnecessary to go to him.

[Page 134] Secondly, your Excellence thought it unfit, you having so great a Charge here, which required your presence, and they having propounded nothing that could give sufficient occasion to such a Voyage to undertake it.

Thirdly, that if the distance from His Majesty were thought by them to be a hindrance to the Treaty, they might address themselves to His Majesty by such of the Nobility as were about him, who was not distant above threescore and twelve miles from the Leaguer.

They replied, that things would be more facilitated by your Excellence's be­ing there, wishing, that as you had a part in the beginning of these Affairs, you might have the Honour to put an end to them.

Your Excellence returned, that the Lords Traquair and Roxburgh, who were now with His Majesty, were imployed in them before you; which they ac­knowledged, but wished it had never been, confessing that they were spoiled be­fore you had the managing of them.

Concerning a Cessation of Acts of Hostility, both by Sea and upon the Fron­tiers, where they complained of divers Insolencies committed by the Horse-troops of His Majesty; your Excellence answered, That in what concerned the first, you [...]ad committed none since your coming hither: true it was, you had stayed and taken many Barques and Boats, but some of them you had dismissed with­out touching any thing that they had in them; and these from whom you did take to supply your uses, you had paid them for it: that this day you had sent to Burnt-Island, and would doe so to other Places, to offer them full permis­sion of Trade, provided they would swear not to carry Arms against His Maje­sty, and take the Oath of Fidelity; and for the Fishermen you required no Oath.

As for the ot [...]er, namely some pretended Insolences upon the Frontiers, you kn [...]w of none, and believed not any; and if t [...]ere was any it was their fault, by their deferring to return to their Obedience to His Majesty: and when they made Instance in some particulars, your Excellence did cut them short, and said, That it was an unfit thing, and nothing conducible to make an end of Business, for them to stand upon those Punctilio's with their Soveraign; and for your particular, you would never be an Instrument of any dishonourable Act to His Majesty, such as would be the engaging him not to correct the Misde­meanours of his Subjects: that you had made a like Answer when you was de­manded for Pass-ports to those that should come to you; which you had reject­ed▪ as judging it dishonourable for His Majesty to grant, or any of his Subjects to ask or capitulate with His Majesty for.

They pressed to know what His Majesty required of them, and what would be the extent of his condescending to their Desires in point of Conscience, name­ly touching Bishops, and the Acts of the last General Assembly; wherein they said if they might have satisfaction, they would cast at His Majesties feet their Bodies and Fortunes, to be disposed of at his Pleasure.

In answer to this your Excellence caused me read His Majesties Proclama­tion, wherein desiring to be cleared of His Majesties Intentions, in the particu­lar of the Civil Obedience, your Excellence said, it was the retiring with their Troops, laying down t [...]eir Arms, and the Nobilities waiting on him with their Swords onely upon the Frontier, the restoring of His Majesties Castles unto such as His Majesty should appoint, and the demolishing of their own Fortifi­ca [...]ions unlawfully erected, and the like.

As for the enjoying of Liberty of Religion, wherein likewise they did press to know how far His Majesty would condescend to their humble Supplications, as likewise in the point of the Acts of the last pretended General Assembly, your Ex­cellence [Page 135] answered, It would be so far as the Laws of the Kingdom did per­mit.

They asked who should judge of these Laws, and of their intention, and if it might be decided by a General Assembly: Your Excellence answered, Yes, and that either His Majesty would call one, or your self, as His Majesties High Commissioner.

They desired to know if His Majesty would stand to the Award of such an Assembly, especially in what concerned the Acts of the later.

Your Excellence answered, His Majesty was not bound to it, as having his Negative Voice; which they not acknowledging, your Excellence added, that notwithstanding you were confident, that whatsoever should be agreed on by such an Assembly, called by His Majesties Command, and where the Members should be legally chosen, His Majesty would not onely consent unto them, but have them ratified in Parliament.

They desired your Excellence would limit them a time wherein to return, and treat further with you, with full power to conclude all things wherein they de­sired not to be pressed with scantness of time, in regard of the Nobilities being di­spersed in several places of the Country.

Your Excellence answered, it should be when themselves would, were it tomorrow or a moneth hence; for you assured them, they would find you so long in these quarters.

Lastly, they desired to know, what they might report of what your Excellence had assured them of His Majesties Intentions concerning Religion and the Ge­neral Assembly.

Your Excellence answered, that as they brought no Commission to treat of all these particulars, but kept themselves within the limits of the Contents in their Letters, you would doe accordingly in your Answer, and that in writing they should receive something to morrow.

This was that Conference which some were pleased to misrepresent under the odious Characters of Treacherous and Secret Dealing with the Covenanters.

At this time there were divers Scotish Lords and Officers waiting on the King, but being of no use and burdensom to His Majesty, Some Lords come from the King to the Marquis. he sent them to the Marquis, with whom he wrote the following Letter.

Hamilton,

I Cannot let these Lords go without a Letter, it being more to please them than to inform you; there having nothing happened since my last of the 17th that makes me either alter or take new Counsels: so that this is onely to recommend them to your care, in so far as may comply with my Service; which shews you both my good Opinion of them, as likewise that I am

Your assured constant Friend, CHARLES R.
Newcastle, 21 May, 1639.

[Page 136]But the Marquis was very ill-satisfied with their coming to him, since they were able to doe nothing but help away with his Victuals, which were beginning to run low, and therefore were to be well-husbanded; wherefore he persuaded them that it was fit for them to go to the Places of their Interest, and doe what in them lay for getting some to appear for the King: and so he got himself rid of them the best way he could.

Two days after that the Marquis got the following Letter.

Hamilton,

THe Trust I have both in the Honesty and Sufficiency of this Bearer, shall ease me much at this time; therefore I shall one­ly mention what he shall speak of more fully to you. The Lord Aboyne's Proposition I have in my last recommended to you, though at that time I thought not that himself would have been the Messen­ger of it: other Lords I have sent to you, to see if they can doe me better Service there than here, for here I am sure they can doe none. I shall conclude with that with which I have neither acquainted this Bearer, nor any body else, to wit, your Proposition of packing up this Business. It is true, that according to my Proclamation I would rest quiet for this time, upon their yielding me Civil Obedience; but that must be understood by demanding Pardon for their by-past Dis­obedience, and rendring up what they unjustly possess of mine and others. Less than this I will not be contented with, no, not for the present. For all this, I do not take my self to be in such a case as to conquer them, yet I doubt not but (by the Grace of God) to force them to Obedience (in time,) what by stopping of their Trade, and other courses: therefore go on, for this is the Resolution of

Your assured constant Friend, CHARLES R.

After them the Viscount of Aboyne.But on the 29 th of May the Lord Aboyne came to him with the fol­lowing Letter from the King.

Hamilton,

HAving been some days since I wrote to you, I could n [...]t let my Lord Aboyne go without these Lines, though it be rather to confirm than to adde to my two former: onely I shall desire you to take heed how you engage me in Money-expence. As for what As­sistance you can spare him out of the Forces that are with y [...]u, I leave you to judge, and I shall be glad of it if you find it may doe good. [Page 137] The truth is, that I find my state of Moneys to be such, An. 1638. that I shall be able (by the Grace of God) to maintain all the Men I have afoot for this Summer; but for doing any more I dare not promise: therefore if with the Countenance and Assistance of what Force you have, you may uphold my Party in the North, and the rest of those Noblemen I have sent to you, I shall esteem it a very great Service; but I shall not advise you to engage me in further Charge, except it may be the Pay of some few Officers. So not doubting but that you will make as much of little as you may, and recommending this Lord to your care, I rest

Your assured constant Friend, CHARLES R.
Newcastle, 13 May, 1639.

The Marquis found Aboyn had no Propositions to make besides Ge­neral Stories, and he saw him to be of an unstay'd Humour, so that he was hopeless of any good account of his business. As for Money, he was limited by the King; and for Men, he had sent away the two Regiments that same day; and since he expected Orders every Hour from His Ma­jesty for somewhat to be executed by the third Regiment, he could not weaken it too much: yet he sent a few Officers, the chief of whom was Colonel Gun, together with some Ammunition, and four small Peece of Artillery. And of all this he gave an account to His Majesty, adding, that perhaps some might misrepresent his lying so long idle; but His Majesty knew what Orders himself had given, it being his part to obey: yet he earnestly craved liberty to doe somewhat worth the while; to which he received the following Answer.

Hamilton,

HAving much Business, I refer you to Master Treasurer; yet thi [...] I think necessary to pass under my own Hand, (because of a Clause in yours of the 26 th of this Moneth) that I am so far from having the least hint in my Heart against you, that I would think my self a hap­py Man, if I could be as confident in the Faith, Courage, and Indu­stry of the rest of my Commanders and Officers, as I am of you; which makes me really to be

Your assured constant Friend, CHARLES R.
Berwick, May 29 th 1639.

By this time the King had encamped at the Birks, three miles from Berwick, where His Majesty lay in the Camp himself.

[Page 138]All this while Traquair was not allowed to see the King, till he had done some Service which might expiate his former Errors. And My Lord Roxburgh was in the same case; Some on the Borders are gained for the King. for he coming to wait on the King at York, to clear himself of his Sons fault in turning in to the Covenant, His Majesty was so Gracious as to tell him, he believed him innocent, yet for examples sake he found it necessary to keep him under some mark of his Displeasure. So after a few days Confinement, both Traquair and he were suffered to go near the Borders, to see whom they could engage to the Kings Service; and they gained the Earl of Hume to be satisfied with His Majesties Proclamation, and had got good assurances both of the Lord Iohnstown, the Earl of Queensberry, and of Buckcleugh his Friends. The Proclamation was published, first at Hey­mouth; next, by General Arundel and Ruthwen at Dunce: upon which Lesley brought forward his Forces▪ and lay at Duncelaw, in view of the Kings Army. On the fourth of Iune at noon the Marquis received the following Letter from His Majesty.

Hamilton,

The King or­ders the Mar­quis to enter on Hostilities.THis day I received yours by the Lord Seaton, and find your Opinion therein very good, if I might spare so many men; but every one, (that I dare consult with about this) protesteth against the diminishing of one man [...]rom my Army: besides, I have no mind to stay here upon a meer Defensive, which I must do, if I send you that Strength you mention. Likewise I think that I have my Lord Hume sure, and am reasonably confident of my Lord Johnstown; I have good hopes too of Queensberry, and the Scots; therefore all these things considered, it were a shame if I should be idle. Wherefore now I set you loose, to doe what mischief you can doe upon the Rebels for my Service, with those men you have; for you can­not have one man from hence. Leaving the rest to the relation of this honest Bearer, I rest

Your assured constant Friend, CHARLES R.
Camp near Berwick, 2 June 1639.

The Marquis no sooner got this, but he presently set to work, resol­ving neither to spare Burroughstownness which was his own Town, who goes a­bout it. nor Prestonpans which was his Cousins. But a strange Accident befell him the next day; for as he went out in a small Vessel with a Drake on her, and 60 Souldiers, to view the Queensferry, and burn the Ships that lay in the Harbour, he saw a Merchant-barque coming down towards him, and he caused row up to her: but she perceiving her Danger, run her self aground upon the Sands of Barnbougle. The Tide falling apace, and he following her indeliberately, run himself likewise on ground; where he was like to have been very quickly taken by the men on the Shoar, who were playing upon him and some Volleys passed upon both hands. But they on the Land were waiting till the Waters should [Page 139] fall, reckoning him their Prey already, which had been inevitable, had not the Seamen got out, and being almost to the middle in Water, with great tugging set them afloat; and so he returned safe to the Fleet. And this was all the ground for that Calumny, of his making Appoint­ments on the Sands of Barnbougle with the Covenanters.

The next day at eight in the morning, being the sixth of Iune, he re­ceived the following Letter from Sir Henry Vane.

My Lord,

BY the Dispatch Sir James Hamilton brought your Lordship from His Ma­jesties Sacred Pen, and gets new orders from His Majesty. you were left at your liberty to commit any act of Ho­stility upon the Rebels, when your Lordship should find it most opportune: since which my Lord Holland with 1000 Horse and 3000 Foot marched to­wards Kelso, himself advanced towards them with the Horse (leaving the Foot three miles behind) to a Place called Maxwel-heugh, a height above Kelso: which when the Rebels discovered, they instantly marched out with 150 Horse, and (as my Lord Holland says) eight or ten thousand Foot; five or six thousand there might have been. He thereupon sent a Trumpet commanding them to retreat, according to what they had promised by the Pro­clamation. They asked whose Trumpet he was, he said my Lord Holland's; their answer was, he were best to be gone. And so my Lord Holland made his Retreat, and waited on His Majesty this night, to give him this ac­count.

This morning Advertisement is brought His Majesty, that Lesley with 12000 men is at Cockburn-spath, that 5000 men will be this night, or to morrow, at Dunce, 6000 at Kelso; so His Majesties opinion is, with many of his Council, to keep himself upon a Defensive, and make himself here as fast as he can: for His Majesty doth now clearly see, and is fully satisfi­ed in his own Iudgement, that what passed in the Gallery, betwixt His Ma­jesty, your Lordship, and my Self, hath been but too much verified on this oc­casion. And therefore His Majesty would not have you to begin with them, but to settle things with you in a safe and good posture; and your self to come hither in person, to consult what Counsels are fit to be taken, as the Affairs now hold. And so wishing your Lordship a speedy passage, I rest

Your Lordships most humble Servant, and faithful Friend, H. VANE.
From the Camp at Huntley-field this 4 th of Iuly, 1639.

To this His Majesty added the following Postscript with his own Hand.

HAving no time to write my Self so much, I was forced to use his Pen; therefore I shall only say, that what is here written I have directed, seen and approved.

C. R.

How great the Marquis his surprize and trouble was when he recei­ved this, cannot be easily expressed, The Marqu [...] goes to the King▪ though it was but what he always looked for: and before the King left Whitehall, he told him in the [Page 140] Gallery, (none but Sir Henry Vane being present) that few of the Eng­lish would engage in an Offensive with Scotland. However he was too well taught in Obedience, to question or delay it after such positive Orders: and therefore could neither give a satisfactory answer to the Earl of Airly, who at that time wrote to him, pres [...]ng him to come to the North in all haste, otherwise the Kings Party there would be pre­sently overrun; nor to my Lord Aboyne's Letter, who desired fresh Supplies of Men and Moneys, though the refusing of both these was after that alledged against him. Yet the last being dated the fourth of Iune, met him on his way to the King; the other could be no sooner at him, being of the 26 th of May, and in the Postscript excuse is made that it was of an old Date for want of a sure Bearer: both these are yet extant. But most of all it appears, how groundless that great and cry­ing Accusation was, (which as it made up no small part of his Charge to be mentioned in its proper place, so was it in the mouths of every person) that he betrayed His Majesties Service in the Frith, which could not be better cleared, than by giving this particular Deduction of every step of it.

where he finds a Treaty be­gun,About the time that the Marquis arrived at His Majesties Camp, the Covenanters sent a Petition by the Earl of Dumfermline to the King▪ desiring a Safe-conduct for such of the [...]r number as they [...]hould send to His Majesties Camp, with their humble Desires and Offers for a Treaty. This was granted, and their first Meeting was appointed to be on the [...]leventh of Iune at Arundel's Tent. So they [...]ent the Earls of Rothes, Dumfermline, and Lowdon, the Sheriff o [...] Tevio [...]dale, Mr. Alexander Hen­derson, and Mr. Archbald Iohnstown, who first proposed their Desires in general, That Religion and Liberties migh [...] be secured, upon which they should behave themselves as good Subjects: and then the Marquis his affe­ction to his Country, made him imploy his whole Interest with the King, for procuring a Gracious Answer to them; offering, that if the King found it suitable to his Honour, and fit for his Service, he should not be displeased, though His Majesty did disown his former Acti­ons, and let the load of Obloquy and Censure fall as heavy upon him­self as the King pleased. But in this His Majesty was positive, judging the owning of what he had done the former year, to be both for his Honour and Interest. However the Marquis did show the King, that while the fire-edge was upon the Scotish Spirits, it would not prove an easie task to tame them, but would be a Work of some years, and cos [...] much Money and many Men: he therefore desired the King would con­sider, if it were not fit to consent to the abolishing of Episcopacy, and giving way to their Covenant till better times; and that as the chief Leaders had entred upon that Course, being provoked by some Irrita­ons and Neglects they had met with, so it might be fit to regain them by Cajolery and other Favours. And to perswade the King to this Course was the easier, that both his Reason and his Affection to his Subjects did cooperate with it; a great strengthening coming to it by my Lord Canterbury's Opinion, who saw a Pacification absolutely necessary for the Kings Service, and did advise it.

So on the thirteenth of Iune His Majesty returned Answer, That he supposed Religion and Liberties were abundantly settled by his former Procla­mations: but if any thing was wanting, wherein either Religion or Liberties were concerned, none should be more zealous for it than himself. The Co­venanters [Page 141] insisted, That the Assembly of Glasgow might be ratified; but His Majesty rejected that, adding, That he was willing to call a new As­sembly, and ratifie what should be legally established by it in the following Par­liament. The Commissioners were willing to yield to this, provided His Majesty did not oblige them to renounce the Assembly of Glasgow, to which they resolved to adhere. His Majesty said, He should not press them to that, but that Assembly should not be mentioned on either hand. They moved next about Lay-elders in the Assembly: The King referred himself in that to the Laws of the Land. They next moved, That Episcopacy should be abolished: The King answered, He would not prelimit his Vote by de­claring what it should be in the ensuing Assembly. Finally, after all things had been debated divers days, not without some heat, wherein the Earl of Rothes got new Irritations from some warm expressions of the Kings to him; at length on the eighteenth of Iune all was concluded. which is with­in few days concluded. First, His Majesty signed the following Declaration, of which the Ori­ginal is extant.

CHARLES R.

WE having considered the Papers and humble Petitions presented to Vs, His Majestie [...] Declaration. by those of Our Subjects of Scotland who were admitted to at­tend Our Pleasure in the Camp, and after a full hearing by Our Self, of all that they could say or alledge thereupon, having communicated the same to Our Council of both Kingdoms, upon mature Deliberation, with their unanimous Advice, have thought fit to give them this Iust and Gracious Answer; That though We cannot condescend to ratifie and approve the Acts of the pretended General Assembly at Glasgow, for many grave and weighty Considerations which have happened, both before and since, much importing the Honour and Security of that true Monarchical Government lineally descended upon Vs from so many of Our Ancestours: yet such is Our Gracious Pleasure, that notwithstanding the many Disorders committed of late, We are pleased not only to confirm and make good whatsoever Our Commissioner hath granted and promised in Our Name; but also We are further Graciously pleased to declare and assure, that according to the Petitioners humble Desires, all mat­ters Ecclesiastical shall be determined by the Assembly of the Kirk, and mat­ters Civil by the Parliament, and other inferiour Iudicatories established by Law; and Assemblies accordingly shall be kept once a year, or as shall be agreed upon at the next General Assembly.

And for settling the general Distractions of that Our Ancient Kingdom, Our Will and Pleasure is, that a Free General Assembly be kept at Edin­burgh the sixth day of August next ensuing, where We intend (God willing) to be personally present, and for the Legal Indiction whereof, We have given Orders and Command to Our Council; and thereafter a Parliament to b [...] holden at Edinburgh the twentieth day of August next ensuing, for ratify­ing of what shall be concluded in the said Assembly, and settling such other things as may conduce to the Peace and Good of Our Native Kingdom, and therein an Act of Oblivion to be passed.

And whereas We are further desired, that Our Ships and Forces by Land be recalled, and all Persons, Goods and Ships be res [...]ored, and they made safe from Invasion, We are Graciously pleased to declare, That upon their dis­arming and disbanding of their Forces, dissolving and discharging all their pretended Tables and Conventicles, and restoring unto Vs all Our Castles, [Page 142] Forts, and Ammunitions of all sorts, as likewise Our Royal Honours; and to every one of Our good Subjects their Liberties, Lands, Houses, Goods and Means whatsoever, taken and detained from them, since the late pretended General Assembly, We will presently thereafter recall Our Fleet and retire Our Land-Forces, and cause Restitution to be made to all persons, of their Ships and Goods detained or arrested since the aforesaid time: whereby it may appear, that Our Intention in taking up of Arms was no ways for inva­ding Our Own Native Kingdom, or to innovate the Religion and Laws, but mainly for the maintaining and vindicating of Our Royal Authority.

And since that hereby it doth clearly appear, that We neither have, nor do intend any Alteration in Religion and Laws, but that both shall be main­tained by Vs in their full Integrity, We expect the performance of that hum­ble and dutiful Obedience, which becometh loyal and dutiful Subjects, and as in their several Petitions they have often professed.

And as We have Iust Reason to believe, that to Our peaceable and well-af­fected Subjects this will be satisfactory; so We take God and the World to witness, that whatsoever Calamities shall ensue by Our necessitated suppressing of the Insolencies of such as shall continue in their Disobedient Courses, is not occasioned by Vs, but by their own procurement.

After this the following Articles were signed.

I THe Forces of Scotland to [...]e disbanded and dissolved within eight and fourty hours, after the Publication of His Majesties Declaration being agreed upon.

II His Majesties Castles, Forts, Ammunition of all sorts, and Royal Honours, to be delivered after the Publication, so soon as His Ma­jesty can send to receive them.

III His Majesties Ships to depart presently after the delivery of the Castles, with the first fair Wind, and in the mean time no interru­ption of Trade or Fishing.

IV His Majesty is Graciously pleased to cause to restore all persons Goods and Ships, detained and arrested since the first of Novem­ber last.

V There shall be no Meetings, Treatings, Consultations, or Con­vocations of His Majesties Lieges, but such as are warrantable by Act of Parliament.

VI All Fortifications to desist, and no further Work therein, and they to be remitted to His Majesties Pleasure.

VII To restore to every one of His Majesties Subjects their Liberties, Lands, Houses, Goods, and Means whatsoever, taken and detained from them by whatsoever means since the aforesaid time.

Next the Commissioners signed the following Note.

[Page 143]

IN obedience to His Majesties Royal Commands, we shall upon Thursday next the 20th of this June dismiss our Forces, and imme­diately thereafter deliver His Majesties Castles, and shall ever in all things carry our selves like Humble, Loyal, and Obedient Subjects.

Signed,
  • Rothes
  • Dumfermline
  • Lowden
  • W. Douglas
  • Al. Henderson
  • Arch. Johnstown

The Treaty being thus ended, The Treaty is variously cen­sured. all parted with great expressions of Joy. But few wise men expected it should be followed with a lasting Agreement, the Covenanters being peremptory not to part with a hoof, so that whatever Concessions came not up to all their Desires, were not like to prove satisfactory. Those who understood not the true state of the English Army, wondered that the King should have let this oppor­tunity out of his hands, whereby they judged he was able to have bro­ken and subdued Scotland. And according to the vulgar Civility of of all Censurers of Kings Actions, his bad Counsellours bore the blame, whereof the far greatest share fell upon the Marquis. But others who saw beyond those superficial Observers, acknowledged there was an e­qual temperature of Wisdom and Goodness in His Majesties Conces­sions, not denying a proportionable share of the praise to his good Counsellours. The Covenanters judged they had scaped well, who got off so easily; for it would have been impossible for them, to have maintain­ed the great Bodies they had gathered together any longer, except they had marched into England, to which they had no mind unless forced by necessity. But some made another Observation though of less mo­ment, yet not unpleasant, upon Mr. Henderson's signing the former Paper, That it was strange to see a Church-man who had acted so vi­gorously against Bishops for their meddling in Civil Affairs, made a Commissioner for this Treaty, and sign a Paper so purely Civil; so strongly does Passion and Interest biass and turn men.

When the Commissioners came back to the Camp, A Paper is gi­ven out for the Conditions of the Agree­ment, though not agreed to. they gave an ac­count of their Negotiation; and besides the Articles of Treaty, they produced another Paper which passed among all for the Conditions of the Agreement. It was a Note containing some Points which were alledged to have been agreed to at Berwick verbally, though not set down in the written Treaty: which was made up of some down-right Mistakes, and of other things which the King in discourse had indeed said, but not positively, nor as a Determination on which he had con­cluded. However the Army made a Declaration, that their accepting of the Kings Papers wherein the Assembly of Glasgow was called the pre­tended Assembly, did not infer their accounting it so which they could never do. Yet all the Forc [...]s withdrew, most of them laying down Arms, but still keeping in great Bodies together; and a Proclamation [Page 144] was sent to the North to Montrose on the one side, & Aboyne on the other, to lay down Arms, (for all this while there had been a Body of about 2000 that had stood for the King in Aberdeenshire, who were command­ed by my Lord Bamf, against whom my Lord Montrose was sent:) and these Orders were obeyed by them both; and indeed they came in good time to Aboyne, otherwise he had been sore put to it.

On the 22 th of Iune the Marquis was ordered to go to the Castle of Edinburgh, The Marquis receives, and furnishes the Castle of Edin­burgh. and take possession of it in the Kings Name, and relieve the Marquis of Huntley, and put Ruthwen (now created Lord Estrick) in it; and also to furnish it with store of Provision and Ammunition out of the Magazine in the Navy: which being done, the Fleet was to be sent out of the Frith. And accordingly on the 24 th of Iune he came to Edinburgh, but he met with such Reproaches and Hootings from the Vulgar, that he was forced (for preventing a Tumult) to desire some of the Covenanting Lords to wait on him to the Castle; and yet on the way he was all along cried out upon with most unworthy Names, as Pyrate, Traitour, Enemy to God and his Country, with other such-like Invectives. These he could not but despise, though he was sensible of the Dishonour put upon the Kings Commissioner by that Usage: yet he might well have expected, that it should have secured him from the Jealousies & Stories which were spread of him, as if he had been all that time so popular, that he was looked upon as the chief Friend of the Good Cause; which was as well grounded as the rest of these Reports. But having executed the Kings Orders about the Castle of Edinburgh, he left the Earl of Traquair (whom with the Earl of Roxburgh His Majesty had again received into his Favour) to see the rest of the Con­ditions fulfilled.

The Tables continued to sit, The Tables continue to sit, pretending it was necessary they should doe so till all were scattered. It is true, I have in my hands a Copy of a Warrant for them to sit till the 20 th of Iuly; but whether it was signed, I can neither assert nor deny.

Divers Disorders fell out in Edinburgh, and Traquair met with many Insolences, in one of which the White-staff, which was carried by his Servant before his Coach, was pulled out of his Hand; and Complaint being made of this to the Town-Council of Edinburgh, all the Repara­tion they offered, was to bring my Lord Treasurer another White-staff: so it was said, they rated the Affront put on the King in the Person of his Treasurer at Six pence.

Other Insolences were also complained of, and the Covenanters part­ly excused them, and the Cove­nanters are insolent. partly denied what was alledged; but no Reparation was made. These Disorders obliged His Majesty to change his purpose of coming to Scotland in Person, resolving to be present onely by his Commissioner.

The Marquis returned to His Majesty, and stated all that was to be thought upon for Scotish Affairs in a Paper presented to His Majesty at Berwick the 5 th of Iuly, yet extant in these words.

To leave all that is past, the Question is briefly; The Marquis his advice to the King.WHether the Assembly and Parliament now indicted is fittest to be held or discharged?

If held, the Success of the Assembly will be the Ratisying of what was done at Glasgow; or if that point be gained, yet certainly most of the Acts that [Page 145] were made there will of new enacted: nor is there any hope to prevent their finding Episcopacy to be abjured by their Covenant, and the Function against the Constitution of their Church.

This will be by the Members of Parliament ratified, and put to the Kings Negative Voice; and if it be not condescended to by him, it is more than probable, that his Power even in that Court, and in that Place, will be questioned.

If it will be discharged, nevertheless the Assembly be keeped by the Rebels, and the same things done in it by them, and thereafter maintained by the gene­rality of the Kingdom, this consequently will bring alongst with it the certain loss of Civil Authority, and so necessitate the re-establishing the same by Force, or otherwise the desertion of that Kingdom.

So it is to be resolved on, whether it be fit to give way to the Madness of the People, or of new to intend a Kingly Way?

If way be given to what is mentioned, it is to be considered in that case, if the King shall be personally present or not; if not present, who shall be imployed, and how instructed?

If the Kingly Way be taken, what shall be the means to effectuate the intend­ed end: particularly how Money may be levied for the waging of this War, and if that be feisible without a Parliament?

If a Parliament, what the Consequence may prove? So all may be summed up in this; Whether to permit the Abolishing of Episcopacy, the lessening of King­ly Power in Ecclesiastick Affairs, the Establishing Civil Authority in such man­ner as the Iniquity of the Times will suffer, and to expect better; and what will be the Consequence of this if way be given thereto: or to call a Parliament in England, and leave the event thereof to hazard and their discretions, and in the interim Scotland to the Government of the Covenanters?

This Freedom declares how candidly he dealt with the King in all his Counsels. It is true, he pressed the King earnestly to give way to the abolishing of Bishops, judging that to be the onely mean to bring Scot­land again into Order: but this was out of no other Principle, save his Desire to see the King again enjoy the Affections, as well as the Obe­dience, of his Subjects of Scotland; thinking Episcopal Government not so essential or absolutely necessary, as not to be parted with for a time in such an Exigency, wherein the Ruine of the King and Kingdom was was so manifestly threatned.

His Majesty considering that God did not tie him to Impossibilities, The King in­tends to send him again Commissioner into Scotland, resolved, notwithstanding his Conscientious adhering to Episcopacy in England, to give way for some time to lay aside that Government in Scotland, hoping to draw more good from it; but intended to imploy another for executing it, knowing that his Countenance and Carriage would betray the Discord was betwixt his Heart and his Actions, if he went himself: and being well satisfied with the Marquis his Behavi­our, desired him to return to Scotland in the same Character, and finish that Business.

But he made use of all his Forces both of Reason, Friendship, who opposes it with all his Interest. and Interest, to divert the King from this, representing the following Rea­sons to dissuade him from it, in a Paper presented the 8 th of Iuly in these words.

IF Your Majesty give way to the Covenanters Demands, it would be seriously considered which will be the fittest way to doe it; if by Your Majesties Own Personal Presence, or by a Commissioner; if Your Self, I shall say in that case nothing in this Paper; if by a Commissioner, then give me leave humbly to re­present to Your Majesties Consideration, how unfit it is that I should be im­ployed.

The Hatred that is generally carried me, and in particular by the chief Co­venanters, will make them (hoping thereby either to ruine me, or at least make my Service not acceptable) stand more peremptorily on these other Points of Civil Obedience, which Your Majesty aims at, than they would doe to one that is less hated.

II Since they are the same men I have formerly treated with, who now again must be principally used, they cannot but find these Particulars, which I have so often sworn, and said, Your Majesty would never condescend to, will now be granted: therefore they will give no credit to what I shall say thereafter, but will still hope and believe, that all their Desires will be given way to, thinking, as they have often said, that I had Power to condescend to more, but would not, that I might endear my self to Your Majesty, and be thought a deserving Ser­vant, in procuring more than you was content to accept of; and so will for this cause stand upon those Points with me, which they would not doe with any other, who they could not but believe would freely grant (to oblige them) all such things as he had Power from Your Majesty to grant; and trust him when he said he could go no further, and so rather accept of that than adventure on a new Breach.

III The rage and malice of the People is such against me, that I am not onely ad­vertised, but advised from many amongst them, who pretend to love me, not to come into the Kingdom imployed as a Commissioner; for it will be impossible for me to escape Affronting, if I do with my Life. I do not mention this out of a care to preserve it with the prejudice of Your Service, but I know Your Iustice and Goodness is such, that You would not suffer that Injury to go un­punished, which would consequently bring alongst with it the losing of Your Majesties End, of establishing this Business in a peaceable way.

IV If Your Majesty should longer continue me Your Commissioner, it would confirm in them the Opinion which hath already possessed them, that Your Ma­jesty intends to govern that Kingdom by a Commissioner, which is not more grievous to the Covenanters than it is to the Officers of Stat [...]; Whereas (on the contrary) if Your Majesty make choice of a New one, they will think it is onely for the present Service, and so rest both of them secure in that point; and Your Service consequently go the smoother on: for they will fancy, if it prosper in my hands, that then I may like the Employment so well, as I would not willingly quit it; but if it miscarry, then neither I nor any other would be desirous to undergo that Charge, and so they be freed of a Commissioner.

V I am thought to have been a chief Instrument in moving Your Majesty to re­sent their Carriage in such sort as you have done: which will cause in them, for my sake, not onely a Dislike of all that shall pass through my hands, but even an Vndervaluing, or at least not that hearty Acknowledgment of such Favours as Your Majesty conferreth on them, which they would doe if another were im­ployed; whom they would endeavour to gain for their own ends, and hoping to make him theirs, would not onely seem to be contented, but endeavour to make Your Majesty, the World, and himself, believe they were so. Whereas (on the contrary) they would be ever repining, and not give that obedient Acquiescing, [Page 147] if I be continued, as otherwise would be if any other were imployed.

If Your Majesty should at this time continue me Your Commissioner, they would apprehend that I might resent the many particular Injuries done me, and VI so be a mean to work them prejudice, if it were but to revenge my self, which will not onely cause Iealousie in them, but an earnest endeavouring to make me inca­pable to prejudice them; which cannot more easily be effected than by frustra­ting and crossing my Intentions of serving Your Majesty: Whereas if another be imployed, they will not apprehend it to be in my Power to prejudice them, and so be free'd of that Fear, and consequently give way to those things in another Mans person, which they would not doe if I be still imployed.

They know that I am so well acquainted with their Ways and Proceedings, VII and that my Heart is so streight to Your Majesties Service, that I will not con­ceal any thing from You, either of their by-past Actions, or any thing that shall be done of new: Whereas if Your Majesty imployed another, they will be in hope that what is past is not so well known to him, and so will be forgot, or if remem­bred by me, it will serve to no end, I being out of Place; and that perhaps he will be more sparing of speaking than I have been, or that he is to be gained to their Party: for which end hoping he may prove for the future useful to them, they may comply with him for the present in divers things, which they would not doe if I be continued.

There are so many of Your Majesties Subjects of all sorts, whom I have per­suaded VIII to resist the Ways of the Co [...]enanters to their great prejudice, that I shall be infinitely pressed by them to move Your Majesty for their Relief, and I chal­lenged of my Promise, that whosoever suffered for that Cause, Your Majesty would restore to the full to them, the doing wh [...]reof would draw on Your Maje­sty a great Charge; and if they find it not performed to them by me continuing Commissioner, it is probable they will then joyn with the Covenanters: whereas if Your Majesty imploy another, they will not know so well how to address them­selves to him, nor be in despair of obtaining it hereafter, and so continue still in the way they are in.

This Work will make me (I fear) e [...]en lose Your Majesties Favour; for I IX know it is so odious to You, that I have cause to apprehend that You will not like the Actor: or though Your Goodness will permit You to look upon him, because what he did was by Your Command; yet it may be imagined that Your Honour will oblige You not to seem to care for him. Sure I am of this, that whereas I am now perfectly hated by all Your Subjects who have withstood Your Majesty, (if it shall please you to lay this Employment upon me) I shall hereafter be, by all who wish Prosperity to Your Affairs in both Kingdoms; and where or how I may be called to an account for this Vndertaking, I know not: and a business of that nature I take it to be, that a Pardon ought humbly to be begged, be­fore it be meddled in, seeing it is an Act so derogatory to Kingly Autho­rity.

Give me leave humbly to represent unto Your Majesty, if it be fit either for an Honest man or a Gentleman, to be made the Instrument of doing that which he hath so often in publick and private condemned in so high a degree, and with­stood to the certain loss of most of my Country, and many of Your Majesties Court and Kingdom of England. Nor can I ever hope to live without perpetual Ac­cusations of such who will find themselves grieved by that which will be done; for not dissuading Your Majesty from this course, or at least for accepting that Employment, and proving Your Instrument therein. This I could enlarge, for much thereof I have already heard; but I have presumed too much: yet I hope Your Majesty will pardon me, since these Arguments are (as I conceive) used [Page 148] for Your Service, the Good of which shall be ever preferred by me, before either Life or Fortune; which I would willingly expose to all Dangers, rather than You shall be pleased to lay this Employment on me, for Your Majesties Affairs would be infinitely prejudiced thereby.

All which I humbly beseech You to take into Your Royal Conside­ration.

The King chu­ses Traqu [...]ir to be Commis­sioner,There was too much Justice in these Reasons, and His Majesty was too full of Affection for him to press it any further; therefore the King made choice of his Treasurer the Earl of Traquair for the Service, ma­king account that if he served honestly, it would doe well; if other­wise, his Majesty would have good reason to shake him off. Upon this he was presently called from Scotland. The King also wrote for 14 of the Lords that were the chief Covenanters, and writes for many Cove­nanters. to come and wait upon him at Berwick, that he might advise with them about the Affairs in hand. But the true reason (as was believed) was to try what fair Treat­ment might doe with them. This gave great Jealousies to the Cove­nanters, who were not so blind as not to understand what the effect of this might prove. And indeed some studied to infuse worse Jealousies, as if the Design of calling for the Lords had been to send them all Pri­soners to London. In end they resolved none should go, save three from each Estate: the three Lords were the Earls of Montrose, London, and Lowthian; and Lowthian was the person who pressed them most to send any, for many had no inclinations to send at all.

But before they came to Berwick the King ordered the Marquis by a Warrant in writing, yet extant under His Majesties Hand, to try what way he could gain upon them, and discover the bottom of their Intentions, how the Estate of Bishops should be supplied in Parliament, and how far they intended to lessen the Kings Authority. The King also allowed him to use what means he pleased, and speak to them what he thought fit; not onely authorizing, but requiring him to it, and warranting him if he were ever question­ed or accused for it by any. Bearing date at Berwick the 17 th of Iuly, 1639.

The Kings Trust in the Marquis.It is easie from this to infer, both how intirely His Majesty confided in him, and how unjust they are who upon any Expressions he might then have used, offer injury to his Memory: and yet he managed this so cau­tiously, that very little escaped him for which he could not have justi­fied himself without this Order. But so tender was he of His Majesties Reputation, that when he was afterwards charged for some hard Spee­ches, alledged to have been uttered at that time, in all his written De­fences he never made use of this Justification; knowing how at that time it might have prejudiced His Majesties Service, if it had been known that he gave such Warrants to those he imployed; reserving to whisper it in His Majesties Ear, when he should be admitted to his Presence. And indeed till this appeared, the Writer of these Memoires was not a little stumbled with some of his Speeches then uttered, which were hard to be understood: for having them so near the Fountain, he could scarce doubt his Information: but this Order reconciles the Truth of these Re­ports he had heard with the Marquis his Innocency.

The King gains Montrose.The King was highly sensible of the Affront put upon him, by hinder­ing all he had called for to come to wait on him; yet he resolved to bear as far as Humane Patience could go, and studied to gain upon the [Page 149] Lords that came. The Earl of Montrose was much wrought upon, and gave His Majesty full Assurances of his Duty in time coming; and upon that entred in a Correspondence with the King. The other two were a little mollified, but not gained: onely from them the Marquis learned, that all the Acts of Parliament for Episcopacy were to be abrogated by the next Parliament; and that they designed to change the course of bring­ing in things to the Parliament by the Lords of the Articles, as a Preli­mitation upon the Parliament. Whereupon the next thing to be done was to draw Traquair's Instructions, which was not done without great and long Consultation, none being privy to it besides the Marquis and Traquair himself. That which made the King so tender, was his Zeal for Episcopacy: but Traquair helped him out of all Difficulties, by telling him, that doe the next Parliament what it would, there were still good grounds to introduce Episcopacy, when ever the King was able to carry it; for Bishops being (by all the Laws of Scotland) one of the three Estates of Parliament, no Act that passed without them could have force in Law, much less the Act that abolished them, especially they not ap­pearing or consenting to it, but protesting against it. This gave much ease to the Kings thoughts, and so on the 27 th of Iuly Tra­quair's Instructions were signed, which follow as they are taken from a Copy of them under the Marquis his Hand.

CHARLES R.

AT the first Meeting of the Assembly, Traquair 's In­structions. before it be brought in dispute who shall preside, you shall appoint him who was Moderator in the last Assem­bly, to preside in this till a new Moderator be chosen.

We allow that Lay-elders shall be admitted Members of this Assembly: the but in case of the Election of Commissioners for Presbyteries Lay-elders have had Voice, you shall declare against the informality thereof; as also against Lay-elders having voice in Fundamental Points of Religion.

At the first opening of the Assembly you shall strive to make the Assembly sensible of Our Goodness, that notwithstanding all that is past, whereby We might justly have been moved not to hearken to their Petitions, yet We have been Graciously pleased to grant a Free General Assembly, and for great and weigh­ty Considerations have commanded the Archbishops and Bishops not to appear at this Assembly.

You shall not make use of the Assessors in publick, except you find you shall be able to carry their having Vote in Assembly.

You shall labour to your uttermost, that there be no question made about the last Assembly; and in case it come to the worst, whatever shall be done in Ratification, or with relation to the former Assembly, Our Will is, that you declare the same to be done as an Act of this Assembly, and that you consent thereunto onely upon these terms, and no ways as having any relation to the former Assembly.

You shall by all means shun the Dispute about Our Power in Assemblies; and if it shall be urged or offered to be disputed, whether We have the Ne­gative Voice, or the sole Power of Indicting, and consequently of Dissolving, except you see clearly that you can carry the same in Our Favours, stop the Dispute; and rather than it be decided against Vs, stop the course of the Assembly until We be advertised.

[Page 150]For the better facilitating of Our other Services, and the more peaceable and plausible progress in all Businesses recommended to you, We allow you at any time you shall find most convenient, after the opening of the Assembly, to declare, That notwithstanding Our Own Inclination, or any other Considerati­ons, We are contented for Our Peoples full satisfaction, to remit Episcopacy, and the Estate of Bishops to the Freedom of the Assembly, but so as no respect be had to the Determination of the Point in the last Assembly.

But in giving way to the abolishing of Episcopacy, be careful that it be done without the appearing of any Warrant from the Bishops; and if any offer to appear for them, you are to inquire for their Warrant, and carry the Dispute so, as the Conclusion seem not to be made in prejudice of Episcopacy as unlawful, but onely in satisfaction to the People, for settling the present Disorders, and such other Reasons of State: but herein you must be careful that Our Intenti­ons appear not to any.

You shall labour that Ministers deposed by the last Assembly, or Commi [...]sions flowing from them, for no other cause but the subscribing of the Petition or De­clinator against the last Assembly, be upon their Submission to the Determinati­ons of this Assembly, reponed in their own Places; and such other Ministers as are deposed for no other faults, that they be tried of new: and if that can­not be, strive that Commissions may be directed from this Assembly for Trying and Censuring them according to the nature of their Process.

That immediately upon the Conclusion of this Assembly you indict another at some convenient time, as near the expiring of the Year as you can: and if you find that Aberdeen be not a Place agreeable, let Glasgow be the Place, and if that cannot give content, let it be elsewhere.

The General Assembly is not to meddle with any thing that is Civil, or which formerly hath been established by Act of Parliament, but upon His Majesties special Command or Warrant.

We will not allow of any Commissioners from the Assembly, nor no such Act as may give ground for the continuing of the Tables or Conventicles.

In case Episcopacy be abolished at this Assembly, you are to labour that We may have the Power of chusing of so many Ministers as may represent the 14 Bishops in Parliament; or if that cannot be, that 14 others whom We shall present be agreed to, with a Power to chuse the Lords of the Articles for the No­bility for this time, untill the Business be further considered upon.

We allow that Episcopacy be abolished for the Reasons contained in the Ar­ticles, and the Covenant 1580 for satisfaction of Our People be subscribed, provided it be so conceived, that thereby Our Subjects be not forced to abjure Episcopacy as a point of Popery, or contrary to Gods Law, or the Protestant Religion: but if they require it to be abjured as contrary to the Constitution of the Kirk of Scotland, you are to give way to it rather than to make a Breach.

After all Assembly-business is ended, immediately before Prayers, you shall in the fairest way you can, protest that in respect of His Majesties Resolution of not coming in Person, and that His Instructions to you were upon short ad­vertisement, whereupon many things may have occurred, w [...]erein you have not had His Majesties Pleasure, therefore and for such other Reasons as occasion may furnish, you are to protest, that in case any thing hath escaped you, or hath been condescended upon in this present Assembly, prejudicial to His Majesties Service, that His Majesty may be heard for redress thereof in his own time and place.

We will not allow, that either by the Commissions already granted, nor upon no other Bill or Petition, any part of the burden of the Charges of the last Busi­ness [Page 151] be laid upon any of Our good Subjects, who have stood by Vs, and have refused to subscribe their Bonds and Covenants.

That you stop the Signatures of the Rights of Kintyre, Abbacy of Dear, Abbacy of Scoon, and generally all Acts in favours of Covenanters, so far as you can without stopping the ordinary course of Iustice: and you are to con­sider withall how His Majesties Right to any of the aforesaids may be put on foot without making interruption to the present Business in hand.

You shall take a course whereby the Rents of all such Bishopricks as are va­cant be detained, and either by Warrant of the Incumbent, or by Demission may be collected: and when any person shall be provided to these Benefices so vacant, Our Will is, that you take the same course with the Rents of these, as by these We do command you to doe with the rest of the Rents of the Bishopricks of Scotland; which is this, to cause draw up a formal Assignation to the whole Rents, Fruits, Customs, &c. belonging to the Bishoprick, whereof they are Bishop, to be subscribed by them to and in Our Favour, upon return where­of to you, you shall give Power and Commission to such Persons as you shall receive under every one of their Hands, to collect and intromet with the afore­said Rents of the several Bishopricks, and to deliver and be accomptable to you for the same; and upon your receipt thereof, you are to issue them out immedi­ately again to the aforesaid Bishops, or any having their Warrant to that effect.

You shall hear the Complaints or Petitions of any of Our Subjects, or against any of Our Subjects, but such as you know to be Sufferers for refusing to joyn with the Covenanters in the Covenanting way; and you shall protect all such Persons by all the fair ways you can, and particularly Sir John Hay and Sir Robert Spottiswood.

If any thing occur either in Civil or Ecclesiastical Iudicatory, wherein you have not Our express Will and Pleasure signified unto you, wherein you see clearly Our Royal and Princely Power and Authority prejudiced, We will you to acquaint Vs therewith before any Proceeding be made.

You shall pay weekly for defence of Our Castle of Edinburgh an hundred Souldiers at eight pence per diem, besides the English Gunners and Artifi­cers, at the Rates set down by the Marquis of Hamilton. And as for Ruth­wen himself, you shall assign him the Rents of the Castle; and you shall like­wise keep a competent number ofWorkmen for completing the Fortifications al­ready begun, and shall withall provide the Castle with 6 moneths Victuals for the foresaid number of Souldiers and other Officers.

And as for Dumbriton, you shall pay for the Defence thereof Souldiers at eight pence per diem to the number of 40: allowing the Rents and other Cu­stoms thereof for paying the Captain and other Officers.

At Berwick the 27 th of Iuly, 1639.

These were the Instructions given the Earl of Traquair, of which the Marquis wrote to a Covenanter, That if they were not worse than Devils they would rest satisfied.

MEMOIRES OF THE LIFE and ACTIONS OF James Duke of Hamilton, &c.
LIB. III. Of what passed after the Marquis laid down his Com­mission till July 1642.

AND now I am come to a Period in the series of the Marquis his Publick Actings for this turn, af­ter which for some Years he continued at Court under the private Character of a Councellour much in His Majesties Favour; The Marquis out of Publick Imployment. it cannot be therefore expected, that henceforth the Accounts of Scotish Affairs should be enlarged to the for­mer Fulness, since it is the Marquis his Story, and not Scotland's, that is undertaken to be written: neither are the Materials so copious, as to bear the Writer through all particulars, were he so bold as to adventure on them. Therefore all that shall be henceforth offered of Publick Affairs, shall be onely to give the Reader such a clear prospect of the State of them, that when the Marquis shall again appear in business, his following Actions may hang together with his former; yet the Writer will not so sullen­ly confine himself to a general Account, but when any particulars occur wherein he is authentically informed, he will truly represent them.

My Lord of Traquair waited upon His Majesty to Whitehall, Traquair goes to Scotland. whither the King came in the beginning of August: and on the sixth his Com­mission was signed, and himself dispatched to Scotland. On his way he was ordered to deliver the following Letter from His Majesty to my Lord S. Andrews, (who was then at Newcastle) in answer to an Address made by the Bishops to my Lord of Canterbury to get the Assembly pro­rogued. It was penned by the Marquis, as appears by the Brovillon of it yet extant, and interlined in some places by my Lord of Canterbury.

CHARLES R.
Right Trusty and Well-beloved Councellour, and Reverend Father in God, We greet you well.

YOur Letter, and the rest of the Bishops, (sent by the Elect of Caithnes) to my Lord of Canterbury, hath been shown by him to Vs; and after serious Consideration of the Contents thereof, We have thought fit Our Self to return this Answer to you, for Direction according to Our Promise, which you are to co [...]municate to the rest of your Brethren.

We do in part approve of what you have advised concerning the Prorogating of the Assembly and Parliament, and must acknowledge it to be grounded up­on Reason enough, were Reason only to be thought on in this Business; but con­sidering the present state of Our Affairs, and what We have promised in the Articles of Pacification▪ We may not (as We conceive) without great preju­dice to Our Self and Service, condescend thereunto: wherefore We are resol­ved, nay rather necessitated, to hold the Assembly and Parliament at the time and place appointed. And for that end We have nominated the Earl of Tra­quair Our Commissioner, to whom We have given Instructions, not only how to carry himself at the same, but a Charge also to have a special care of your Lordships, and those of the inferiour Clergy, who have suffered for their Duty to God and Obedience to Our Commands. And We doe hereby assure you, that it shall be still one of Our chiefest Studies, how to rectifie and establish the Government of that Church a-right, and to repair your losses, which We desire you to be most confident of.

As for your Meeting to treat of the Affairs of the Church, We do not see at this time how that can be done; for within Our Kingdom of Scotland, We cannot promise you any place of Safety, and in any other of Our Dominions We cannot hold it convenient, all things considered: wherefore We conceive that the best way will be for your Lordships, to give in, by way of Protestation or Remonstrance, your Exceptions against this Assembly and Parliament to Our Commissioner, which may be sent by any mean man, so he be Trusty, and deliver it at his entring into the Church; but We would not have it to be either read or argued in this Meeting, where nothing but Partiality is to be expected, but to be represented to Vs by him, which We promise to take so in considera­tion, as becometh a Prince sensible of His Own Interest and Honour, joined with the equity of your Desires: and you may rest secure, that though per­haps We may give way for the present to that which will be prejudicial both to the Church, and Our Own Government; yet We shall not leave thinking in time how to remedy both.

We must likewise intimate unto you, that We are so far from conceiving it expedient for you, or any of my Lords of the Clergy, to be present at this Meeting, as We doe absolutely discharge your going thither, and for your Ab­sence, this shall be to you and every one of you a sufficient Warrant. In the interim, your best Course will be to remain in Our Kingdom of England, till such time as you receive Our further Order, where We shall provide for your Subsistence, though not in that measure as We could Wish, yet in such a way as you shall not be in want.

Thus you have Our Pleasure briefly signified unto you, which We doubt not but you will take in good part; you cannot but know, that what We doe in this We are necessitated to. So We bid you farewell.

Whitehall, Aug. 6. 1639.

[Page 155]This Letter being delivered to the Bishops by the Kings Commis­sioner, they signed the following Declinatour, and put it in his hands.

WHereas His Majesty out of His surpassing Goodness was pleased to in­dict another National Assembly, The Bishops Declinatour of the Assembly. for rectifying the present Disorders in the Church, and repealing the Acts concluded in the late pretended Assem­bly at Glasgow, against all right and reason; charging and commanding us the Archbishops, and Bishops of the Church of Scotland, and others that have place therein to meet at Edinburgh the 12th of August instant, in hopes that by a peaceable Treaty and Conference, matters should have been brought to a wished Peace and Vnity; and that now we perceive all these Hopes disappoint­ed, the Authors of the present Schism and Division proceeding in their wont­ed courses of Wrong and Violence, as hath appeared in their presumptuous Protestation against the said Indiction, and in the business they have made throughout the Country, for electing Ministers and Laicks of their Faction to make up the said Assembly; whereby it is evident, that the same or worse ef­fects must needs ensue upon the present Meeting, than were seen to follow the former.

We therefore the Vnder-subscribers for discharge of our Duties to God and to the Church, committed to our Government under our Soveraign Lord the Kings Majesty, Protest, as in our former Declinatour, as well for our Selves, as in name of the Church of Scotland, and so many as shall adhere to this our Protestation, That the present pretended Assembly be holden and reputed null in Law, as consisting and made up partly of Laical persons that have no Office in the Church of God, partly of refractory, schismatical, and perjured Ministers, that contrary to their Oaths and Subscriptions, from which no Humane power could absolve them, have filthily resiled, and so made themselves to the present and future Ages most infamous: and that no Church-man be bound to appear before them, nor any Citation, Admonition, Certification, or Act whatsoever, proceeding from the said pretended Meeting, be prejudicial to the Iurisdiction, Liberties, Priviledges, Rents, Possessions, and Benefices belonging to the Church, nor to any Acts of former General Assemblies, Acts of Council, or Parliament made in favours thereof: but to the contrary, That all such Acts and Deeds, and every one of them, are and shall be re­puted unjust, partial, and illegal, with all that may follow thereupon. And this our Protestation we humbly desire may be presented to His Majesty, whom we do humbly supplicate, according to the practice of Christian Emperours in Ancient times, to convene the Clergy of His whole Dominions, for remedying the present Schism and Division, unto whose Iudgement and Determination we promise to submit our Selves, and all our Proceedings.

Given under our hands at Morpeth, Berwick, and Holy-Island, the tenth and eleventh of August, 1639.
Signed,
  • St. Andrews.
  • Da. Edinburgen.
  • Jo. Rossen.
  • Th. Galloway.
  • Wal. Brechinen.
  • Ja. Lismoren.
  • Ad. Aberdon.

[Page 156]When my Lord Traquair came to Scotland, he found all the Condi­tions of the Treaty violated, the Fortifications of Lieth continued, the Forces not all disbanded, Lesley keeping up still the Character of Gene­ral, besides many other particulars.

The Assembly sits and pro­ceeds violent­ly.After his coming to Edinburgh, the Assembly was held there about the middle of August, but they had not remitted any thing of their Fervour: only in renewing the last years Acts, they were contented not to menti­on the Assembly of Glasgow; magnifying that as a high Condescendency, not considering how disproportioned it was to the great Concessions made by His Majesty. Neither were they content with discharging the use of the Service-Book and Book of Canons, but would needs tax them of Popery, and the High Commission of Tyranny. Like to these were their Narratives of Annulling the General Assemblies held by King James, and of abolishing Episcopacy, of which my Lord Traquair gave His Majesty an account; and the following Answer was sent from His Majesty. But one difference of the Kings Usage of the Marquis from what he gave his other Commissioners, is, that to him he wrote his Orders all with his own Pen; but to others he wrote by another Pen, only Superscribed the Letters himself. And in his Letters to Traquair he imployed the Marquis for his Secretrary. The Kings Letter follows, taken from the Marquis his Copy, bearing date the 20 th of August.

CHARLES R.
Right Trusty,

WE have hitherto commanded Hamilton to answer several of your Let­ters; but that of the 16th of August being of more weight than any of your former, We have thought fit to answer it Our Self.

And whereas you say, that nothing will satisfie them, except in terminis the last Assembly be named and ratified, or that way be given to the discharging Episco­pacy as abjured in that Church, as contrary to the Confession of Faith 1580. and the Constitutions of the same, you being yet in some hope, that the word Abjured may be got changed, and that in drawing up the words of the Act it be onely condemned, as contrary to the Constitution of that Church; We in this point leave you to your Instructions, they being full, if you consider what We have said concerning Episcopacy, and subscribing the Confession of Faith 1580: We thinking it fit to declare hereupon unto you, that let their Madness be what it will, further than We have declared in Our Instructions in these points, We will not go.

For the Service-book and Book of the Canons, though We have been and are content it be discharged; yet We will never give Our Voice nor Assent, that they be condemned as containing divers Heads of Popery and Supersti­tion. In like manner, though We have been and are content, that the High Commission be discharged; yet We will never acknowledge that it is without Law, or destructive to the Civil and Ecclesiastical Iudicatories of that Our Kingdom, nor that the Five Articles of Perth, though dischargod with Our Approbation, be condemned as contrary to the foresaid Confession. As concern­ing the late Assemblies, We cannot give Our Consent to have them declared null, since they were so notorously Our Father (of Happy Memory) His Acts: It seeming strange, that We having condescended to the taking away all these things that they complained of, which were done in those Assemblies, they will [Page 157] not be content therewith, without laying an Aspersion on Our Fathers Acti­ons. Wherefore if the Assembly will in despite of your Endeavours conclude contrary to this, you are to protest against their Proceedings in these points, and be sure not to ratifie them in Parliament.

Concerning the yearly Indicting of General Assemblies, and the Confession of Faith, We commanded Hamilton in his of the 16th to answer that point to this effect; That We think it infinitely to Our Prejudice, that We should con­sent to tie Our Self for the keeping yearly of their Assemblies, not needing to repeat the Reasons, they being well enough known to you; seeing at Berwick it was conceived upon debate of that Point, that your having Power to indict a New one within the Year, would save that dispute, which you are by all means to eschew. But if this will not give satisfaction, you are by no means to give your assent to any such Act, nor to ratifie the same in Parliament.

The Article in your Instructions which is onely, That the Covenant 1580 shall be subscribed, you must have an especial care of, and how you proceed there­in: That the Bond be the same which was in Our Fathers time, mutatis mu­tandis; and that you give your Assent no other ways to the Interpretations thereof then may stand with Our future Intentions, well-known to you: nor is the same otherwise to be ratified in Parliament.

Thus you have Our Pleasure fully signified in every particular of your Letter, which you will find no ways contrary to Our Resolution taken at Ber­wick, and Our Instructions given to you there. But if the Madness of Our Subjects be such, that they will not rest satisfied with what We have given you Power and Authority to condescend to, which notwithstanding all their Inso­lencies We shall allow you to make good to them, We take God to witness, that what Misery soever shall fall to that Country hereafter, it is no fault of Ours, but their own procurement. And hereupon We do command you, that if you can­not compose this Business according to Our Instructions, and what We have now written, that you prorogue the Parliament till the next Spring; and that you think upon some course how you may make publickly known to all Our Sub­jects, what We had given you Power to condescend to. And because it is not improbable that this way may produce a present Rupture, you are to warn and assist Ruthwen for the defence of the Castle of Edinburgh, and to take in ge­neral the like care of all Our Houses and Forts in that Kingdom; and like­wise to advertise all such who are affected to Our Service, that timously they may secure themselves. And so We bid you heartily farewell.

The greatest Point gained in the Assembly was, an Explication of the Bond of Defence, which was conceived in these Words.

WE do swear not onely our mutual concurrence and assistance for the cause of Religion, and to the uttermost of our power, The Explica­tion of the Co­venant. with our Means and Lives, to stand to the Defence of our Dread Soveraign, and His Autho­rity, in the preservation and defence of the said true Religion, Liberties, and Laws of this Kirk and Kingdom: but also in every cause which may concern His Majesties Honour, we shall (according to the Laws of this Kingdom, and Duties of good Subjects) concur with our Friends and Followers in quiet manner or in Arms, as we shall be required of His Majesties Council, or any having His Authority.

[Page 158]The Clause about Episcopacy was worded, That it was unlawful in this Church. Episcopacy abjured in Scotland. Upon this the Covenant was presented to the Commissioner and Council on the 30 th of August, with a desire that it might be sign­ed, and it was accordingly done; which was received with great Joy, witnessed by Bonfires and ringing of Bells, and all the Pulpits and Streets were full of Traquair's Praises. But His Majesty was no way sa­tisfied with this, as appears from the following Letter.

CHARLES R.
Right Trusty, &c.

The King dis­pleased with Traquair.YOur Letter of September the 27 th to Hamilton We have seen, and think fit to return Answer thereunto Our Self; and the rather because We find by yours, that some Points in the former Letter were not so fully expressed, but that you desire more clear Answers. First you say, that in all your Dire­ctions it is condescended, that by Act of Assembly Episcopacy should be declared unlawful in this Kirk; and that by all the Capitulations of Agreement, and Instructions given to you, that same is allowed to be ratified in Parliament up­on the foresaid terms agreed upon in the Assembly. In this Point We must tell you, that you are much mistaken: for though you have Power for giving way to the Abolition of Episcopacy, as contrary to the Constitutions of the Church of Scotland; yet you will not find either in your Instructions, or any other Di­rection since sent you, that We have consented to declare the same Unlawful: We making a great difference therein, for many things may be contrary to the Constitutions of a Church, which of th [...]mselves are not simply unlawful; for whatsoever is absolutely unlawful in one Church cannot be lawful in the other of the same Profession of Religion, but there may be many several Constitutions, and yet they all lawful. Therefore if I do acknowledge or consent, That Epi­scopacy is unlawful in the Church of Scotland, though as you have set it down in your consenting to the Act, the word Unlawful may seem onely to have a relation to the Constitutions of that Kirk; yet the Construction thereof doth run so doubtfully, that it may be probably inferred, That the same Function is acknowledged by Vs to be unlawful in any other Churches in Our Domini­ons. Therefore as we totally disapprove of your consenting to the word Un­lawful, as well to the Function, as Civil Places and Power of Church-men, in the Act of the General Assembly: so We absolutely command you, not to ratifie the same in these terms in the Parliament, but onely as contrary to the Consti­tutions of that Kirk; and to declare, that We ratifie this Act meerly for the Peace of the Land, though otherwise in Our Own Iudgment We neither hold it conve­nient nor fitting; which you are to declare at the Ratifying of the same. And for the rest of your Declaration in the Assembly, to be registred in the Books of Council, for brevities sake We send you herewith a Copy of the same, as like­wise that of the Covenant, interlined in those places which We disapprove of, and conceive to be the contrary to your Instructions, and some other Dire­ctions.

As We have formerly written to you, We cannot consent to the rescinding any Acts of Parliament made in favour of Episcopacy; nor do We conceive that Our refusal to abolish those Acts is contradictory to what We have consented to, or to that we was obliged to: there is less danger in discovering any future Intentions of Ours, or at the best letting them guess at the same, than if We should permit the rescinding those Acts of Parliament, which Our Father with [Page 159] so much expence of Time and Industry established, and which may hereafter be of so great use to Vs. And though it should perhaps cast all loose, (as you ex­press;) yet We take God to witness, We have permitted them to doe many things in this Assembly, for establishing of Peace, contrary to Our Own Iudg­ment. And if on this point a Rupture happen, We cannot help it; the fault is on their own part, which one day they may smart for. So you have in this Point Our full Resolution.

We likewise wrote formerly to you, that We thought it not fit at this time, that the Power of the Lords of the Articles should be defined, and that you are to avoid the same, and to be sure not to consent thereunto. Now your last Let­ter gives Vs ground to repeat the same again, and to declare to you, that We re­main in Our former Opinion.

And whereas you say, that it is to no purpose to vex Vs with all the indis­creet and mad Propositions that are made, since they go about not onely to re­form all pretended Abuses, of what nature soever, but to constitute and define the Power of all Iudicatories from the highest to the lowest, and that you are like to agree in few or none of the General Acts: If you find, that what We have commanded you to doe is likely to cause a Rupture, their impertinent Mo­tions give you a fair occasion to make it appear to the World, that We have con­descended to all matters which can be pretended to concern Conscience and Re­ligion; and that now they aim at nothing but the Overthrow of Royal Autho­rity, contrary to all their Professions, which We can neither with Honour nor Safety suffer. And therefore We hope and expect, that if a Rupture happen, you will make this appear to be the cause thereof, and not Religion, which you know not onely to be true, but must see it will be of great advantage to Vs, and therefore must be seriously intended by you.

We have no Directions of new to give you, concerning the Marquis of Huntley, Sir Donald Mack-donald, or any others to whom Malice is carried for their Zeal for Our Service, but again recommend them to your care.

What hath past betwixt your self and the Earl of Argyle, We have heard nothing of; but We are easily induced to believe, that what you wrote of his undutiful Carriage is true, and that you will easily make it appear, to which We will give no unwilling Ear.

Thus you have your last Letter answered, with what for the present and on such a sudden hath come into Our thoughts: and so We bid you Farewell.

Whitehall, Octob. 1. 1639.

The Parliament sate at Edinburgh the day appointed, The Parlia­ment sits in Scotland, but their Act­ings can onely be overly related, they being too remote from the Mar­quis his Story; so that onely such Generals are to be hinted as occur among his Papers. They consented that for that time Traquair (as Com­missioner) should name those Lords of the Articles that were for the No­bility, who should have been named by the Bishops; but protested it should be no Precedent for the future. And they went roundly to take away the Lords of the Articles totally, and were framing all their Acts at the rate of the Assembly. But Traquair, finding he could not hold pace with them, and keep close to his Instructions, to the Letter of which he re­solved to adhere, and is quickly prorogued. did on the 30 th of October prorogue the Parliament to the 14 th of November next. The Covenanters, though they resolved not to sit till the day to which it was prorogued; yet protested against the Legality of any Prorogation without consent of Parliament, and [Page 160] sent up the Earls of Dumfermline and Lowdon with the Acts of the As­sembly to the King, desiring he would order his Commissioner to give way to their Ratification in Parliament, as also to purge themselves of any Misrepresentations the King might have received of their Actions.

They came to London on the 8 th of November: but His Majesty re­solved not to see them, since they came from Scotland without His Com­missioners Warrant; wherefore they were commanded presently to re­turn home. They sent a Letter to the Marquis, (for he would not see them) desiring him to interpose for procuring them a Hearing, and that they might not be condemned unheard; whose Answer was, That the Order which the King had sent them was upon mature Deliberation, and that nothing remained for them but Obedience: so they returned. And the King ordered Traquair to prorogue the Parliament, (Proro­guing and Adjourning are all one in Scotland) to the second of Iune next, and to come up and give an account of Affairs: which according­ly he did, but got a cold Reception, the King being highly displeased with his Subscription of the Covenant, as was before marked. But he complained, that he could have no Assistance from them to obtain any thing if he had not done that, and that it was impossible to prevail with these People, Traquair in­cites the King to a new War. except by Force, or by a total Compliance. The Bishops failed not to take advantage at this trip of his, to pursue him with much eagerness, and he to recover himself was the more earnest to press the King to a new Invasion; assuring him that Ruthwen was so strong in the Castle of Edinburgh, that he would teach them their Duty, and was very formidable to them. He also furnished the King with a great many Grounds for justifying his following Procedure against them; a chief one being a Letter he had got, which the Covenanters had written to the French King, desiring his Protection and Assistance, which was High Treason by the Law of Scotland, as being a Treaty with a Foreign Prince without the Kings Permission. And upon these Grounds it was, that the Earl of Traquair was afterwards pursued as the Grand Incendiary.

The Marquis saw there was too much Ground for His Majesties Re­sentments, either to contradict or condemn them; but that which grie­ved him was, that he saw not a way how His Majesty should be able to defray the Expence of a War without calling a Parliament in Eng­land, which was no less formidable to the Court than the Covenanters in Scotland, they foreseeing what followed.

At this time the Covenanters sent up their Petition to His Majesty by one Cunningham, desiring permission to send some of their Number for their own Vindication: which His Majesty granting, the Earls of Low­don and Dumfermline were again sent up. But Lowdon being accused of that Letter to the French King, The Earl of Lowdon com­mitted to the Tower. was committed to the Tower. Yet he vindicated himself; first, that the Letter was not finished, and had neither Date nor Direction, since that which was on the back of it (Au Roy) was added afterwards, and by another Hand; next, that it was written before the Pacification, and so was buried by the Oblivion; that it was never sent, and that it was designed onely that the French King should interpose and mediate for them. Upon all this he offered him­self to a strict Trial by his Peers in Scotland: but added, that he being sent by the States of Scotland, and come upon His Majesties Warrant, was first to be returned a Freeman thither, and thereafter to be accused [Page 161] and tried. This Accident troubled the Marquis extremely, for he knew it would raise Clamours against His Majesties Justice, among those who were inclined to misconstrue his Actions; and indeed it was highly re­sented by the Scotish Lords, as a violation of the Law of Nations to meddle with any publick Messenger: but the King judged no Conside­ration could warrant his Subjects to commit Treason, nor secure them from Trial and Censure when found Guilty. There were some ill In­struments about the King, who advised him to proceed capitally against Lowdon, which is believed went very far; but the Marquis opposed this vigorously, assuring the King, that if that were done, Scotland was for ever lost. They would then have somewhat to pretend against so much as Petitioning and Treating: besides, it was against the Laws of Scotland to proceed against a Scotish Peer for a Crime committed in Scotland, but by the Peers of Scotland. And after all this, he assured His Majesty, that he knew few of the Covenanters who might be more able to serve the Kings Interest, and could be more easily gained than Lowdon. And the truth was, that Letter was signed by six of the Covenanting Lords, but being put in the hands of the Lord Mirtland to sign it, (as he told the Writer) he found it was False French; and so it was laid aside for that time, and never again taken into consideration: but one taking up the Letter brought it to Traquair. His Majesty being of himself both Just and Good, did reject those cruel Counsels, as hurtful to his Service: yet Lowdon continued prisoner for some months; his Enlargement shall be mentioned in its proper place.

But how to proceed in the publick Affairs was a hard Chapter. A new War with Scotland. Which way the Counsels were taken this Winter, doth not appear to the Writer, but from the Effects. Only the Marquis was full of appre­hensions, foreseeing that it would be impossible for the King to do much without a Parliament in England, and Subsidies granted by it; but they had reason to think the Parliament would begin with Grievances, before they went to Subsidies; and if their enquiring into the former proved long and fierce, as it would protract the Kings Supply, it might also breed Irritations and Heats, and end in a Rupture, without relie­ving the King. Neither could much be expected from a Loan of Mo­ney: most of the Cities ( London especially) were not well-affected to the Court, and so were like to prove backward and narrow; and all might be promised from that, was to put off one Summer: but the Scotish Storm was like to lie longer. Besides, he believed, that if the Loan of Money went through, the Scots would think that a good rea­son for their entring into England, to make the Northern Countries the seat of the War, which would prejudice the Kings Service in England. All this he foresaw well, and therefore was rack't with perplexity: on­ly he was not doubtful what to doe himself, resolving to follow the Kings Interests on all hazards: and in these Consultations this Year ended.

Anno 1640. An. 1640.

They prepare in Scotland for War.IN Scotland they begun again to prepare for a new War: and the Mi­nisters this year were likewise very busie, taxing the King, as having violated the late Pacification, because way was not given to all their Acts. Besides, it was preached in the very Pulpits of Edinburgh, that the King had caused burn at London, by the hand of the Hangman, the Articles of the Treaty at Berwick. This was founded on the Censure was put on the Paper spoke of last year, which they gave out as the Conditions of Agreement; and was burned by Order of the Council of England, upon the Declaration made by all the English Lords who were on the Treaty, That no other Articles were agreed upon, beside the Seven above-mentioned: yet this took with the People. Next, they laid on great Taxes for paying the last years Debts, and defraying the Expence this year was like to draw on: and for procuring of Money▪ they fell on a new Device, to cause the Ministers exhort all to lend liberally for the Service of the Cause; which they did with so much Art and Zeal, that the Women came, and brought in their Jewels, Rings, and Plate, however much Money was not got that way, and all was far short of what they needed: therefore divers of the most zealous of the Lords, chiefly the Earls of Rothes and Cassils did give Bonds for great sums of Money, and one Dick a rich Citizen of Edin­burgh was got to lend them many thousand pounds.

Lanerick made Secretary of State.In February the Earl of Sterlin the Secretary died, for whose Place the King made choice of the Marquis his Brother, Lord William, whom he created Earl of Lanerick. It was indeed the Kings choice, for nei­ther had the Marquis moved it, nor himself pretended to it. The Earl of Lanerick did act so considerable a part in Affairs after this, that methinks their History should be as little divided, as their Coun­sels and Affections for the Kings Service were: and therefore as Lanerick's Actions come in my way, they shall not be passed over in silence. Being made Secretary, his first care was to inform himself of all that belonged to his Place and Duty, in the discharge whereof he resol­ved neither to spare labour or industry, that thereby he might supply the defect of his years, which were then but four and twenty.

But to go on with the Series of the Story, the King went on careful­ly with his Preparations; only the Charge of a Fleet was so great, that he could not think of it this year, but sent out as many Ships as stopt the Scotish Trade. And finding how ill he had been served by his Lieu­tenant-Generals the former year, and confiding both in the valour, fide­lity, and conduct of the Earl of Strafford then Lord Lieutenant of Ire­land, he was called over to be Lieutenant-General in this Expedition: and the Marquis was designed Colonel of the Kings Regiment of Guards.

The state of Affairs in Scot­land.In Scotland they were gathering Money, bringing in more Arms, and fortifying suspected Places, few resisting them, except Huntley in the North, and Niddisdale in the South; but the later was able to doe little. The Marquis had divers Letters from my Lord Lindesay, which are yet extant, complaining of the Preparations they heard were making against them: That Officers for the Army were already named, Money was gathering; not only Berwick & Carlisle were fortified, but Edinburgh-Castle and Dumbriton also had new men put in them, and English-men were [Page 163] put in the former; whereupon they were forced to resolve on hazard­ing the utmost for the Defence of Religion and Liberties, and that all were Contributing very liberally, and knew of good Friends, both in England and abroad; wherefore he assured him, if things went to ex­tremities, they would not end so well as they did last year. And he besought him that he would prove a good instrument betwixt the King and the Country, protesting, that for his own part nothing next to Religion went so near his Heart as the Kings Service. In end, he conju­red him not to accept of any new Service, if it went to an open Breach, assuring him he would be ruined if he did; telling him that God had provided a relief for them beyond their expectation. The Marquis carried all these Letters, as he got them, to his Majesty, and by his command wrote the following Answer.

My Lord,

I Received yours of February, The Marquis his Letter to the Lord Lindsay. wherein you endeavour to let me see the hazard that His Majesty may run, if he take not a peaceable Course with his Subjects of Scotland, which you say, I am reported to be no adviser of; as likewise the unavoidable Ruine that will befall me, in case of my accepting of any Imployment against them.

The Arguments that you use, are the Resolutions of your own People, and the assistance that you will have elsewhere, the particular way you forbear to write; yet you say, that God hath provided it beyond your expectation; and as it was beyond your expectation, so it is still beyond my belief; my Reasons you shall have anon. But first I will say somewhat concerning my self.

Know then, Brother, for a truth, that I heartily pray a Curse may fol­low him and his Posterity, that doth not endeavour and wish, that these un­happy Troubles may be composed in a fair and peaceable way. God, who knoweth the Secrets of all mens thoughts, can bear me record, with how much care, pains, and zeal I have endeavoured that; and I promise you, I shall as faithfully continue in that Course, as ever man did, in any Resolution which was with reason grounded in his heart; how few either believe, or know this, I care not, for I have laid my accompt long since, and am resolved on the worst that can befall me. And for your further satisfaction, know, that no­thing can grieve me more in this World, than to be sent in any Hostile man­ner against my Friends, Kindred, and Country; where at the best, though I may merit something from His Majesty, (to whose Goodness I owe much besides the Duty of a Subject) yet I shall never be called other than the De­stroyer of them; and what cause of Sorrow this will be to a kind-hearted Scotsh-man, I leave to you to judge. Therefore I assure you, that if either my Industry, Intreaties, nay Prayers prevail, no such Charge will be impo­sed on me, my inclinations having always led me in this rather to follow your Advice, and absent my self, in case things come to the worst, than to accept of that Employment; though I must tell you, it may bring along with it His Majesties Displeasure, and so consequently certain Ruine. Yet I do intend to put that to the hazard, and if it happen, I will have the Vanity to say, it will neither prove advantageous to the Country, nor to those in it, who once did me the Honour to esteem me their Friend. To conclude this point, consider, if a Navy come, probably I must be miserable; for what can I gain by it? if employed, a Discontented Life ever hereafter. If the King should impose the Charge on me, and I refuse it, what the better would you be? an abler would be employed in it, and I need never look for His Majesties Favour there­after, [Page 164] after, and without that in his Kingdom will I never live. If I had no other Reasons but these, (but I could write you fourty more,) consider if I have not cause to endeavour Peace, and believe me I will do it.

For the Danger that His Majesty will run if he enter into this War, I do acknowledge with you it may be great; but that certain Ruine must follow, I cannot confess: yet I must say, that his Gain will be but small, when he hath g [...] that by Force which is his, or ought to be his already; but what re­medy? He conceiveth a Kingdom to be lost, and two will be hazarded to regain that, if they continue in the Course they are in.

For the Assistance you mention God hath provided for you elsewhere, that is conceived to be used as an argument to fright us: For from whence can it come?

From a Party in England? Trust not to that, nor give credit to a few Fa­ctious Spirits, with whom perhaps Correspondence may be kept.

From France? Reason and the knowledge of their Affairs make us con­fident, that no great matter can come from thence: Reason, for they will not assist the Rebels (for so you will be called) of a King for examples sake; and the necessity of their Affairs, for we know they have enough to do else­where.

From Sweden? Though they perhaps be willing, yet it is known, they have not men to do it in these Parts.

From Holland? The Body of that Estate hath by their Publick Ministers disallowed your Actions, and hath given assurance that they will be far from either giving Countenance or Assistance to you; what private men may doe by way of Stealth, is little regarded or to be esteemed.

Thus I freely write what is thought of the Assistance you are like to get from abroad, of which Opinion I shall still be, unless you can make it more clearly appear; therefore I will use the old Proverb to you, Beware that your stout Hearts make not your Heads dry a Gutter, and make you neglect the re­ceiving of His Majesties Pleasure with all thankful Obedience, which, for any thing I know, nay I durst Swear, will be no other than stands with the true Protestant Religion and the Laws of the Kingdom. What pity is it then, that these mistakes should continue? but how much more will it be, that they should encrease to a Bloody War. If all amongst you would rightly consider what true Religion and Piety is, and lay that only before their Eyes, there are yet, not only good hopes, but certain assurances of a peaceable Conclusion of those unhappy Troubles; and as you have advised me, so let me you, (which perhaps may be the last time, that on this Subject I shall write to you) endea­vour Peace, which if gained, the effusion of much Christian Blood will be saved, the Country preserved, Scotsh-men esteemed Valiant, Iust and Loyal, not only in this Kingdom, but through all Europe, and no man happier than

Your now much troubled, and affectionate Brother, HAMILTON.
POSTSCRIPT.

For Answer to your Postscript, I am not in dispair, but to bring it to a good pass if your own carriage do not marre it; for His Majesty is content to sign the Signature, but i [...] is to remain in my hands, and not to be delivered [Page 165] except your Carriage do deserve it, as well as Crawfords, who knows not as yet, how far His Majesty hath condescended. This Letter is not fit to be long keeped, therefore it will not be amiss it be burnt. Let me hear from you with the first occasion, and thereafter I care not how seldom, if matters come to the worst.

Since the writing of this, the Letter which Rothes wrote to the Chamber­lain by Dumfermline was this day publickly read at Council-board, His Ma­jesty being present: it hath produced contrary effects to what (I believe) he expected, for not only doth the Chamberlain swear that there is not one true word in it, but hath beseeched His Maj [...]sty, that Rothes may be called to an account for the traducing of him in so high a nature, (to use his own words) nay to make him, (if it were in his Power) appear to be a greater Traytor than himself. In a word, the whole Table was much scandalized with the Letter, and no wayes satisfied with the Writer of it, even though it had been all as he expressed.

I profess I have loved Rothes, and am sorry when any misfortune befalls him; and likewise I thought fit to mention this, that you may see what those of this Country will doe, when it comes to an issue; therefore I hope not only he, but the whole Country will take example by this, and grow wise while there is time.

This Letter he carried to the King, and at the end of that Copy he retained, yet extant, His Majesty with his own hand wrote,

I have perused this Letter, and have not only permitted, but com­manded that it should be sent.

CHARLES R.
Whitehall, 2 March 1639.

This is set down to shew what his Correspondence with his nearest Friends was, and how warranted by His Majesty.

But that the Reader may not be wholly in the dark about the Grounds of this Confidence the Covenanters had, The Grounds of the Cove­nanters Confi­dence. I shall set down what I had from some Persons of great Honour, who were fully informed about it. When the Earls of Dumfermline and Lowdon came to London, a Person of Quality of the English Nation (whose Name is supprest be­cause of the Infamy of this Action) came to them, and with great ve­hemence pressed them to engage in a new War, and among other Mo­tives brought them Engagements in writing from most of the greatest Peers of England, to joyn with them, and assist them when they should come into England with their Army. This did much animate them, for they had not the least doubt of the Papers brought them. But all this was discovered at the Treaty of Rippon to have been a base Forgery: for there the Scotish Lords looking very sullenly on some of the English Lords, as on Persons of no Faith or Truth, the Lord Mandevil came to the Earl of Rothes, and asked the reason of that Change of their Counte­nance and Behaviour in them, who after some high reflections, at length challenged him and the other Lords of not keeping what they had en­gaged to them. Upon which that Lord stood amazed, and told him, and so did the other Lords there, that they had sent no such Messages [Page 166] nor Papers to them, and that they had been abused by the blackest Imposture that ever was. Thus it appeared how dangerous it may be to receive some things that seem to have the highest Probabilities in them easily and upon trust.

In April following the King called a Parliament in England; A short Parlia­ment in Eng­land. but they begun with their Grievances, in which they rose to so high a strain, that after twenty days Sitting the King by advice of his Council dis­solved them: but the hopes of Money from the Parliament failing, the next Course was to try, what could be drawn by Loan; and for good example the Councellours subscribed for near two hundred thousand pounds Sterlin. The Councel­lours lend Mo­ney. What the Marquis his part was in this I should have willingly concealed, judging fit that his Story should be as sparing in relating it, as himself was modest in not boasting of it: but Sanderson, and some other malicious or ignorant Pens, who say, That he pretended Poverty, and subscribed for none, force me to free him of that Calumny, by a true Relation of what his Duty to the King cost him at this time. He subscribed for 10000 l. Sterlin, and laid down Eight thousand of it pre­sently in Gold: likewise in August following at York he again subscri­bed, and laid down Six thousand and three hundred pounds, for both which he had Tallies struck. Besides this, when he served as Commissi­oner in Scotland in the year 1638. he got no Payments made him; Ten thousand pounds Sterlin was allowed him, of which he had not received a farthing: and besides the great expence he was at in that Service, he laid that year out of his own Money about 5000 l. Ster­lin on the Kings account. And thus in the space of four years he ad­vanced to the King near Thirty thousand pounds Sterlin, and this was in a time when the advantages he had by his Places and Pensions were (through the necessity of the Kings affairs) dried up.

But since I was forced to say this, I must not conceal His Majesty who now reigns, His Justice and Goodness to his Heiress, in repaying the sum contained in those Tallies, together with the other Royal ef­fects of His Favour, which they have felt in the repayment of the Scotsh Debt.

This is said once for all, and all this was little reckoned of by him, who was ready to hazard both Life and Fortune for His Majesties Ser­vice, acknowledging that it was Just, since he and his Ancestors owed so much to the King and his Progenitours bounty, that all he had should be spent in his Service.

The Covenanters in Scotland were beginning to look to themselves, and fearing Ruthwen, Ruthwen a ter­ror to the Co­venanters. who was in the Castle of Edinburgh, they requi­red him to obey their Orders: but he told them, he had his Trust from the King, and would acknowledge no Commands but his; whereup­on they blockt him up. He might easily have done them much Mis­chief, but his Orders were to hold himself most on the Defensive, and to amuse them, but not to break out to open Hostilities, within which limits he contained himself.

The second of Iune came, which was the day the Parliament was to Set: but the King had sent down an Order to the Justice-Clerk for proroguing it, The Parlia­ment sits not­withstanding the Kings Or­ders for pro­roguing of it. and he was to carry along with him in this Affair the assistance of the Kings Advocate, who was at this time confined to his House in Fife by the King, upon pretence of some petty maleversation in his Office, but really because of his adhering to the Covenanters too [Page 167] much. The Kings Advocate was glad both of being delivered from that Disgrace, and for being honoured with the Employment. But to clear the Method in which he intended to proceed to make this Pro­rogation legal, I must look back a little; when Traquair got his Com­mission under the Broad-Seal, there was another Commission given un­der the quarter-Seal to the Lord Elphinstown, the Lord Napier, the Kings Advocate, and the Justice-Clerk; these or three of them were impow­red to act as Commissioners in Traquair's absence, and upon his Orders. Therefore the Kings Advocate judged it needless to fill up a Blank that was sent down to be made use of if need were, to make the Proroga­tion Legal; but resolved to require one of the other two, to concur with the Justice-Clerk and himself in the Prorogation, which was to be done after the Parliament was Fenced; therefore they provided the persons necessary for Fencing of it, (a Ceremony they use in the be­ginning of a Session) who are the Constable, the Marshal, the Provost of Edinburgh, the Sheriff of Lowthian, and a Doomster; and if any of these be absent, the King must name others for their Service that day. So the Members of Parliament being met, the Kings Advocate required the Lord Elphinstown, who was first in the Commission, to go up with them to the Throne, for executing the Kings Commands; who having read the Commission, found their Power was only to act by the Commissioners Order, and therefore called for Traquair's War­rant: the Kings Advocate answered, That as when the King is present a Commissioners Power of it self expires, so also when his Warrant is produced, there is no need of one from his Commissioner. But Elphin­stown stood on the Letter of the Commission, and so found, he was not legally warranted to doe it. That same was the Lord Napier's Answer, who was also of the Commission, and so the Kings Advocate and the Ju­stice-Clerk could doe nothing but take Instruments. Many imputed this to the Kings Advocat's Jugling; but he vindicated himself solemn­ly▪ which is extant under his Hand, with a long Narrative of this whole Affair sent up by him to the King. However the effects of this Errour were great; for the Members voted themselves to be in a Parliamentary Capacity, as being summoned by the King at first, and again adjourned to this day: whereupon they proceeded to the Enacting of what they had designed the former Year; and their Acts, though of great import­ance, yet meeting no opposition were quickly dispatched: all which with a Prologue and Epilogue of two high Declarations were sent in the Packet to the Earl of Lanerick, with the following Letter written by a Committee of Lords they had left to sit at Edinburgh.

Right Honourable,

IT is not unknown to your Lordship with what difficulties this Kingdom hath wrestled this time past, A Letter from the Commit­tee of Parlia­ment to Lane­rick. in asserting their Religion and Liberties against the dealings of bad Instruments with His Majesty to the contrary. The Means which they have used have been no other, but such as they humbly pe­titioned and obtained from His Majesty, a Free National Assembly and Par­liament. The Assembly went on in a fair way, and was closed with the liking and full consent of His Majesties Commissioner; but the Parliament indicted by His Majesty was prorogated, till the Reasons of the Demands of the Estates were rendred to His Majesty: which having done by their Commissioners, they kept the second of June (the day appointed by His Majesty) for the sitting of [Page 168] the Parliament. An. 1639. And after diligent Inquiry, hearing nothing from His Ma­jesty nor His Commissioner, neither by their own Commissioners, or any other sent from His Majesty, which might hinder the Parliament to proceed to the settling of their Religion and Liberties, after mature Deliberation and long waiting for some signification of His Majesties Pleasure, they have all with one consent resolved upon certain Acts, which they have judged to be most necessa­ry and conducible for His Majesties Honour and the Peace of the Kingdom, so far endangered by Delays: and have committed to us the Trust to shew you so much; and withall to send a just Copy of the Acts, that by your Lord­ship (His Majesties principal Secretary for Scotland) they may be presented to His Majesty. The Declaration prefix'd to the particular Acts, and the Pe­tition in the end, contain so full Expressions of the Warrants of the Proceed­ings of the Estates, and of their humbly continued Desires, that no word needs to be added by us. We do therefore in their Name (according to the Trust committed to us) desire your Lordship (all other ways of Information being stopt) with the presenting of these Acts of Parliament, to represent unto His Majesty, against all Suspicions, Suggestions, and Tentations to the contrary, the constant Love and Loyalty of this Kingdom unto His Majesties Royal Au­thority and Person, as their Native King and kindly Monarch; and that they are seeking nothing but the establishing of their Religion and Liberties under His Majesties Government, that they may still be a free Kingdom to doe His Majesty all the Honour and Service that becometh humble Subjects: that their Extremity is greater through the Hostility and Violence threatned by Arms, and already done to them in their Persons and Goods, by Castles within, and Ships without the Kingdom, than they can longer endure: and that as His Majesty loveth His Own Honour, and the Well of this His Ancient Kingdom, speedy course may be taken for their relief and quie [...]ness; and that if this their faithful Remonstrance (which as the great Council of the Kingdom they found themselves bound to make at this time for their Exoneration) be passed over in silence, or answered with delays, they must prepare and provide for their own Deliverance and Safety. We are very hopeful that your Lordship (as a good Patriot, and according to the Obligement of your Place) will not be de­ficient in that Duty for your Native Country, and send us a speedy Answer, as we shall in every Duty be careful at all occasions to shew our selves

Your Lordships humble Servants: Signed,
  • Balmerino
  • Burghly
  • Napier
  • Thomas Hop
  • J. Murray
  • J. Hamilton
  • G. Dundas
  • J. Smith
  • Ed. Eggar
  • Tho. Paterson
  • Ja. Sword
Edinburgh, 17 June, 1640.

The Covenanters did also sign a Bond among themselves for adhering to these Acts, and prosecuting of those who had been the Incendiaries from the beginning of the these Stirs, the Marquis and Traquair being the chief of them.

The King is highly offend­ed.But all this gave great Offence at Court, the King looking upon it as a bolder Attempt than any yet made, which struck at the root of His Authority, and overturned the Fundamental Laws of Scotland; and therfore he judged himself bound to repair this Affront with the Sword [Page 169] God had put in his Hands. An. 1640. At this time the Marquis got the following Memorial sent him from my Lord Lowdon out of the Tower of London, written all with Lowdon's Hand, and yet ext [...]nt.

Memorandum for the Lord Lowndon,

TO speak to the Marquis of Hamilton, Lowdon moves for his Enlarg­ment. that according to that Interest of Bloud, and the Confidence which the Lord Lowdon reposeth in him, his Lordship may be pleased to intercede seriously with the King, that His Ma­jesty may be Graciously pleased to consider of the Petitions and Informations which have been tendered to His Majesty from the Lord Lowdon, and for him from Scotland, which do abundantly clear his Innocency concerning that French Letter, in respect of the time and occasion of writing that Letter, the Letter it self being onely for Mediation and Intercession, as is clear by the In­structions yet extant, to have been sent with that Letter, which are the true Com­mentary of the Letter. The Letter it self was never sent nor used, but re­jected, and no other Letter sent. It was written long before the Pacification, wherein His Majesty was Graciously pleased to pass all preceding Deeds in Ob­livion.

The Lord Lowdon came hither upon His Majesties Own Warrant, which is sufficient for his Indempnity and Return, till he be exonered of his Imploy­ment. He came from the Parliament with Commission from them to shew His Majesty the Reasons of their Demands, trusting confidently in His Majesties Iustice and Goodness, and with most Loyal Affection and Ardent Desires to have given His Majesty satisfaction, and to have returned with no less Fideli­ty and Forwardness in carrying and pressing His Majesties Royal and Iust Commands, during which time he could expect nothing less than that he would be called in question for a prior Deed; all which are most manifest by the Pe­titions and Informations presented to His Sacred Majesty.

Therefore I most humbly beseech, that His Majesty may be Graciously plea­sed to consider of the former Petitions and true Informations, which being pondered in the Balance of His Majesties Righteous Iudgment, I am most confident my Innocency will appear clearly to His Majesty, and that I will find such a speedy delivery, as may give demonstration to the World of His Majesties Iustice and Goodness, and as may not onely from the Conscience of my Duty, but likewise from the sense of His Royal Benignity, encourage me ever to contribute my best Endeavours for furthering of His Maje­sties Service.

And if His Majesty be not fully satisfied with my humble Petitions and true Informations of my Innocency and Loyalty, but doth notwithstanding thereof harbour any opinion of my Disloyalty, or casting off my dutiful Obe­dience and Subjection to His Majesty, or offering Subjection to any other King or Potentate in the World, I am content to undergo the most exact Trial which is agreeable to the Laws of that Kingdom by which onely I ought to be judged, rather than lie under such a heavy Imputation, which to me (who am conscious of my own Innocency, and of my most tender and humble Duty towards His Majesty,) is more grievous than my Sufferings, which can onely prejudice and hurt me and my private Estate, but can no ways conduce for advancing of His Majesties Service, but rather be a hin­derance to the Accommodation of Affairs; whereas my Liberty or lawful Trial will serve for the Illustration of His Majesties Iustice to the World, and will make His Subjects without fear of danger to tender their humble Suits and Remonstrances at the Throne of His Royal Iustice.

[Page 170] An. 1639.Upon this the Marquis pressed the King much for my Lord Low­don's Enlargement, since the Covenanters made great noise with it in all their Complaints, The Marquis treats with him by the Kings Order. and pretended, that they durst send up no more Commissioners; and therefore they sent their Acts in the Packet.

He did also shew His Majesty, that he knew by the Lieutenant of the Tower that Lowdon was very fearful: wherefore he desired permission from the King to try what this Fear could draw from him, and to see if his Enlargement, with the hopes of a Noble Reward, could engage him to the Kings Service; which (if obtained) might prove of great advan­tage; since the Irritations he had received would make his Advices less suspected in Scotland. His Majesty approving this, he treated with Low­don, and found him abundantly pliant: and so on the 26 th of Iune he agreed with him on these Terms, which he got under Lowdon's Hand, in two Papers yet extant.

I THE Lord Lowdon doth promise to contribute his faithful and ut­termost Endeavours for His Majesties Service, and furthering of a hap­py Peace, and shall with all possible diligence and care go about the same, and shall labour that His Majesties Subjects of Scotland may in all humility peti­tion, that His Majesty may be Graciously pleased to authorize a Commissio­ner with full Power from His Majesty to establish the Religion and Liberty of that His Majesties Native and Ancient Kingdom according to the Articles of Pacification, and that by a new Convening or Session of the Parliament, without cohesion or dependence on what hath been done by themselves without His Majesties Presence, or of a Commissioner to represent His Majesties Royal Person and Power.

II That if there be not an Army already convened in Scotland in a Body, he shall endeavour that they shall not convene, nor come together during the time of Treaty, in hope of Accommodation; and if they be already convened in a Body before his return, he will labour that they may dissolve and return to their several Shires, or dispose so of them, that they remain not in one Body, as may best evince that they intend not to come into England; but may carry themselves in that respective way, as may best testifie their Duty to His Majesty, and their Desires of Peace.

III That if General Ruthwen shall happen to become their Prisoner, they may (as a testimony of their desire to shun every thing which may provoke His Ma­jesties displeasure) preserve him, and that the Lord Lowdon will shew how far he is engaged for his Safety.

IV That when Affairs shall be brought to a Treaty in Parliament, and that His Majesty shall be Graciously pleased to settle the Religion and Liberties of the Kingdom according to the Articles of Pacification, he will endeavour that the Kings Authority shall not be entrenched upon, nor diminished, that they may give a real demonstration to the World, how tender and careful they are, that His Majesties Royal Power may be preserved both in Church and State.

V That what is done or imparted to the Lord Lowdon concerning His Ma­jesties Pleasure shall be kept secret, and not revealed to any here, further than His Majesty shall think expedient.

That the Lord Lowdon shall (as soon as conveniently he can) return an ac­count of his Diligence.

[Page 171]There was given with this another Paper, which follows. An. 1640

Memorandum of what passed betwixt the Marquis of Hamilton and me, 26 Iune 1640.

BEcause no great matters can be well effectuated without Trust, Fidelity, I and Secrecy; therefore it is fit that we swear Fidelity and Secrecy to others, and that I shall faithfully contribute my best Endeavours for perfor­mance of what I undertake; and that my Lord Marquis doe the like to me.

Our desires and designs do tend mainly for Preservation of Religion, Laws, II and Liberties of the Kingdom, the Kings Honour, and of His Royal Authority, and for establishing of a happy Peace, and preventing of Wars; and we are to advise and resolve upon such ways and means as may best conduce for these ends.

If (after using of our utmost Endeavours) it be not Gods will that we III may be so happy as to obtain such a Peace in haste, as may content the King and satisfie his Subjects, till differences draw to a greater height, and begin­ning of Wars, to resolve what is fit to be done in case of such an Extremity, for attaining a wished Peace, and to condescend what course we shall take for keeping of Correspondence.

If my Endeavours and Service (which doubtless will put me to a great deal of expence and pains) shall prove useful for His Majesties Service and Ho­nour, and the Good of the Kingdom, which are inseparable, the Marquis will intercede really, and imploy his best Endeavours with the King, to acknow­ledge and recompence the Lord Lowdon 's Travels and Service, in such man­ner as a Gracious King and Master should doe to a diligent and faithful Servant.

Upon this Lowdon was enlarged next day, Lowdon is en­larged. and permitted to go down to Scotland; but those who did not know the Secret of this, thought the King had weakened himself much, by letting go an Hostage of such importance: and this gave new Suspicions of the Marquis his Tamper­ings with the Covenanters.

His Majesty commanded the Earl of Lanerick to write, by the Lord Lowdon, the following Answer to the Letter sent up by the Lords of Scot­land, with the Acts they had lately passed.

My Lords,

BY my former of the Date the 23 th of June, Lanerick 's An­swer to the Committee in Scotland. His Majesty was pleased to promise by me, to let you know within few days His further Pleasure con­cerning those Proceedings and Desires of the Noblemen, and Barons, and Bur­gesses, which you sent me to be presented to His Majesty; whereupon he hath now commanded me to tell you, that the not proroguing of the Parliament in a Legal and Formal way, was not for want of clear Instructions, and of full and ample Power from His Majesty, He having fully signified His Pleasure to those whom He did entrust with the executing thereof, not thinking it fit to im­ploy other Servants of greater Eminence, by reason of the disorders and ini­quities of the Times: and as forced by the importance of his other great and weighty Affairs, He was necessitated to prorogue the Parliament for some few days, so did He most really intend to perform at the time prefixed whatsoever He had promised by the Act of Pacification. But neither can the neglect of His Servants, (if any be) nor those other Reasons alledged by the foresaid Noble­men, [Page 172] Barons, and Burgesses, in their Declaration for their Sitting, satisfie His Majesty for their proceeding in a Parliamentary way; since by the Duty and Allegeance of Subjects, they are bound to acknowledge in a most special man­ner His Transcendent Power in Parliaments; and if Subjects there do assume the Power of Making Laws, and of Rescinding those already made, what Act can be done more derogatory to that Regal Power and Authority we are all sworn to maintain? Therefore His Majesty conceives, they cannot in reason expect He can interpose His Royal Authority to these, or any other Acts what­soever, whereto neither He in His own Royal Person, nor by His Commissi­oner did assist. Yet such is His Majesties Clemency, that when they shall take such an Humble and Dutiful way as may witness, that they are as careful and tender of His Majesties Royal Power, as they are desirous of His Ap­probation, then shall it be time for them to expect such a Gracious and Iust Answer, as may testifie His Majesties Fatherly Compassion of that His Na­tive Kingdom, and his Pious and Princely care of performing whatsoever is necessary for establishing their Religion and Laws. So thus having imparted unto you all that was enjoyned me by His Majesty, I shall say no more from my self, but I am

Your Lordships humble Servant, LANERICK.
Whitehall 27 th of June, 1640.

My Lord Lowdon found matters at so great a height, that he was able to do little more than give intelligence, that he delivered the Let­ter to the Lords at Edinburgh, who returned to it the following An­swer.

My Lord,

The Reply of the Commit­tee.WE received your Lordships Letter of the 27 th of June from the Lord Lowdon, whose relief out of Prison, gives us occasion (before we an­swer your Lordships Letter) to acknowledge the same as an act of His Maje­sties Royal Iustice and Goodness, although the pretended cause of his Impri­sonment was but a malicious Calumny of the Enemies of the Kings Honour and our Peace, forged to engage both His Majesties Kingdoms in a National War. As we cannot but regrate, that any neglect of His Majesties Officers, or absence of His Commissioner, whose presence we did both desire and expect, should hinder the interposing of His Royal Authority to these Acts of Parlia­ment, which were found most necessary for establishing Religion and the Peace of this Kingdom, and which according to the Acts of Pacification, His Ma­jesty was graciously pleased to promise; so we have and shall still endeavour to give demonstration of that tender Respect we have of His Majesties Ho­nour and Royal Power. And whereas your Lordships Letter doth imply, that we should take some other way for the more easie obtaining His Majesties Ap­probation, which also by several reasons hath been most instantly pressed by the Lord Lowdon; yet we conceive that Parliamentary way, which was taken by the Estates convened by His Majesties Special Warrant, to have been most Legal and necessary, and no ways derogatory to His Majesties Power in Par­liament, nor contrary to the Duty of good Subjects, who are warranted by the Articles of Pacification, under His Majesties Hand, to determine all Civil questions, ratifie the Conclusions of the Assembly, and remove the present Di­stractions of this Kingdom, as is more abundantly demonstrated by their De­claration [Page 173] in Parliament thereabout. So that we dare not take any other Course, which may entrench upon their Parliamentary Power, or Proceed­ings; nor will we (being so few in number appointed by them to stay here) presume of our selves, in a matter of so great moment, to return a more full and particular Answer, till there be a more frequent Meeting of those appoin­ted by Parliament, which will be shortly; and then your Lordship shall be acquainted, that you may shew His Majesty their Resolutions and humble De­sires, and we shall remain

Your Lordships affectionate Friends and Servants. Signed,
  • Lindsay.
  • Balmerino.
  • Burghly.
  • Napier.
  • J. Murray.
  • G. Dundas.
  • Ja. Sword.
  • J. Forbes.
  • Ed. Eggar.
Edinburgh 7 th of July, 1640.

They went on with their Preparations, The Prepara­tions are great in Scotland. and caused all to bring in the tenth Peny of their Rents, to make this War look like a Sacred one, since carried on by the Tithes: and ordered their Forces to be drawn together. Mean while the King went on at as good a pace as he could, and went from London in the end of Iuly, to make his Ren­dezvous at York. The Earl of Strafford staid some time behind, partly for Sickness, partly to see what Money could be borrowed from Lon­don; and at this time there were great and high Misunderstandings be­tween him and Sir Henry Vane, both making their Complaints to the Marquis by their Letters. Strafford was also to bring an Army out of Ireland, upon the West of Scotland, whereupon they in Scotland drew their Forces together in the end of August, and resolved to march into England, and make that the Seat of the War, pretending (as by their Declaration then emitted doth appear) that their Trade was block't up by English Ships; that in England and Ireland, Scotishmen were procee­ded against for taking the Covenant, and the English Council had vo­ted a War with them: wherefore, they said, they were constrained to go into England with their Petitions, declaring they came not to in­vade England, but to avert the Invasion of their Country, that was designed; adding, that they should be so far from doing prejudice to any in England, that severe Justice should be executed upon those who took any thing in England without payment. And about this time Ruthwen, being for many months block't up in the Castle of Edinburgh, (so that Victuals and Ammunition were spent, his Water also failed, and most of his Souldiers died,) was forced to Capitulate, and render up the Castle of the Covenanters.

But not to stand too long on matters universally known, as soon as they entred England, The Scotish Army enters England. the King by Proclamation declared them Traytors on the 22 th of August: yet they went on, and when they came to the Ford of Tine at Newburn, some miles above Newcastle, they found it guarded by a Body of Foot, who had raised a Brest-work near the Ri­ver, and lay there to obstruct their passage. Yet no sooner did the Scot­tish Cannon begin to play, but they, struck with Fear, threw down their Arms and run away; whereupon the General passed over with some [Page 174] Troops, and they were encountred by three Troops, commanded by Wilmot, whom after a little Dispute they routed: their Officers were taken Prisoners, and some were killed. And after this the whole Body of the English Army, that lay there, marched to Newcastle, which con­sisted of 2000 Horse, and 9000 Foot: the Disorder among them was the greater, The English Forces are routed; and flie at Newburn. because the Lord Conway, who Commanded, had gone that day from the Camp to Dine at a place about a miles distance called Stella. The Scots continued passing till it was late, and lay in the Fields all night: next day they marched towards New-Castle, and were beginning to be in some strait; for they had driven as many Cattle out of Scotland with them, as served hitherto for their Provision, and were resolved to take nothing in England but for payment, which would have been a vast charge to them. They purposed therefore to summon New-Castle, and in case it yielded not, to threaten to burn all the Coaleries which lay on the South-side; though they designed not the executing of that, for fear of making the Rupture beyond remedy. But as they were marching, doubtful what Course to take, they met a Scotchman, who had been a prisoner at Durham; he told them, how that morning by six a Clock all the English Forces had marched throw Durham in great haste; whereupon they went forward, and found New-Castle open to them, and there they took up their Quarters, and found great Magazins of Provision, which the King had laid in for his Army, and by those they maintained their Army a great while.

This Loss and Affront went very near the Kings Heart, who begun to fear this years Success, as much as he had done the last.

After this the Lords of the Covenant wrote the following Letter to the Earl of Lanerick by one Cathcart.

Noble Lord,

AS we have ever professed and declared, as well by our Words as Actions, that the Grounds of our Desires are, and ever shall be the redress of Wrongs and reparations of our Losses, and that we will never leave off in all humility to Supplicate His Majesty for the same, so this hath moved us now, be­ing come this length, yet again humbly [...]o Petition His Majesty to take our Case to Consideration, and grant our Desires. We are debarred from sending or carrying our Supplications in the ordinary way, which makes us have our Ad­dress to your Lordship, Intreating your Lordship in our Names to present this our Petition herein inclosed to His Majesty, and in all humility to beg an An­swer thereunto, to be sent with the Bearer to us, who shall ever endeavour to approve our selves His Majesties Loyal Subjects, and most unwilling to shed any Christian Blood, far less the English; whereof we have given very good prooff by our bygone Carriage to every one who hath with Violence opposed us, yea, even to those who entred in Blood with us, and were taken Prisoners, whom we have let go with Meat and Money, notwithstanding that all those of ours, who did but deboar'd from their Quarters, are miserably massacred by these whom we can tearm no otherwise than Cut-throats. Our behaviour to these in New-Castle can witness our Intention, which is to live at peace with all, and rather to suffer then to offend. We bought all with our money, and they have extortioned us to the triple value: the Panick fear made most of them leave the Town, and stop their own Trade; but we have studied, to solve their doubts. As all our Actions shall ever tend to that which is Iust and [Page 175] Right, so we could wish, they were interpreted to a true sense; and whatever may be the event of business, we hope the blame shall not lie upon

Your Lordships affectionate Friends to serve you. Signed,
  • Rothes,
  • Cassilis,
  • Dumferline,
  • Lindsay,
  • Lowdon,
  • Napier,
  • Tho. Hope,
  • W. Richarton,
  • J. Swith,
  • P. Hepburn,
  • D. Hoom,
  • Keir,
  • Ja. Sword,
  • J. Rutherford.
Leager beside New-Castle, 2d. September, 1640.
POSTSCRIPT.

We intreat Your Lordship to let the Bearer have a Pass for his safe Return to us.

The Petition inclosed was presented by him to His Majesty, which follows.

To the Kings Most Excellent MAJESTY, The Humble Petition of the Commissioners of the late Parliament, and others of His Majesties Loyal Subjects of the Kingdom of Scotland. They Petition the King.

Humbly Sheweth,

THat Whereas after our many Sufferings the time past, extreme necessity hath constrained us for our Relief, and obtaining our Humble and Iust Desires, to come into England, where according to our Intentions formerly de­clared, we have in all our Iourney lived upon our own Means and Victuals, and Goods brought a long with us, and neither troubling the Peace of the King­dom, nor harming any of Your Majesties Subjects of whatsoever quality in their Persons or Goods, but have carried our selves in a most peaceable man­ner, till we were pressed by strength of Arms, to put such Forces out of the way, as did without our deserving, and (as some of them have at the point of death confessed) against their own Consciences, opposed our peaceable passage at New-burn on Tine, and have brought their Blood upon their own Heads, against our purposes and desires expressed in our Letters, sent unto them at New-Castle, for preventing the like, or greater Inconveniences. And that we may without further opposition come into Your Majesties Presence, for obtaining from Your Majesties Iustice and Goodness satisfaction to our just Demands, we Your Majesties most Humble and Loyal Subjects, do still insist in that sub­miss way of Petitioning, which we have keeped since the beginning, and from which no provocation of Your Majesties Enemies and ours, no adversity that we have before sustained, nor prosperous success can befall us, shall be able to divert our minds.

Most humbly intreating, That Your Majesty would in the depth of Your Royal Wisdom, consider at last our pressing Grievances, provide for the Re­pairing [Page 176] of our wrongs and losses, and with the advice and consent of the E­states of the Kingdom of England convened in Parliament, settle a firm and durable Peace, against all Invasion by Sea or Land, that we may with chearfulness of heart pay unto Your Majesty, as our Native King, all Duty and Obedience that can be expected from Loyal Subjects, and that (against the many and great Evils, which at this time threaten both Kingdoms, whereat all Your Majesties good and loving Subjects tremble to think, and which we beseech God Almighty in mercy timeously to avert) Your Majesties Throne may be established in the midst of us, in Religion and Righteous­ness; and Your Majesties Gracious Answer we humbly desire, and earnestly wait for.

The King having considered their Petition, commanded my Lord Lanerick to write the following Answer, Dated at His Majesties Court at York the 5th of September, 1640.

His Majesties Answer.HIS Majesty hath seen and considered this Petition, and is Graciously pleased to return this Answer by me, that he finds it in such general terms, that till you express the Particulars of your Desires, His Majesty can give no direct Answer; therefore His Majesty requires, that you set downthe Particulars of your Demands with expedition, he having been always willing to hear and redress the Grievances of His People: and for the more mature Deliberation of these great Affairs, His Majesty hath already given out Sum­mons for the Meeting of the Peers of the Kingdom in the City of York up­on the 24 th of this Month, that so with the advice of the Peers you may re­ceive such Answer to your Petition, as shall most tend to His Honour, and the Peace and Wellfare of His Dominions. And in the mean time (if Peace be that you desire, as you pretend) He expects, and by these His Majesty commands, that you advance no further with your Army to these parts; which is the only means that is left for the present to preserve Peace betwixt the two Nations, and to bring these unhappy Differences to a Reconciliation, which none is more desirous of than His most Sacred Majesty.

Signed, LANERICK.

With which he wrote this Cover.

My Lords,

ACcording to your Desires, I presented unto His Majesty in your names the Petition you sent me; whereupon His Majesty hath been Graciously pleased to command me to make this reference, which you shall receive herein inclosed, joined unto the Petition.

My Lords, by this you may see His Majesty is, as he ever was, willing to hear and redress the Grievances of His Subjects; and I pray God, you may take those Courses that may not too much incroach on the Goodness of so Gracious a Soveraign. This shall be the earnest Prayer of

Your Lordships Servant, LANERICK.
York, 5 th Sept. 1640.

To this they returned the Answer that follows, which was sent by Sir Iames Mercer.

Right Honourable,
An. 1639.

AS nothing in Earth is more desired of us than His Majesties favour, so doth nothing delight us more than that His Majesty beginneth again to hear­ken to our Humble Desires, The Covenan­ters make a se­cond Address. wherein we trust nothing shall be found but what may serve for His Majesties Honour, and for the Peace of His Dominions. The Particulars we would have expressed, but that they are contained in the Con­clusions of the late Parliament, and our Printed Declarations, which were sent to your Lordship; but in case the Papers be not by your Lordship, we now sum­marily repeat them.

That His Majesty would be Graciously pleased to command, that the last Acts of Parliament may be published in his Highness's Name, as our Sove­raign Lord, with the Estates of Parliament convened by His Majesties Authou­rity; Next, That the Castle of Edinburgh and other strengths of the King­dom of Scotland, may according to the first foundation, be furnished and used for our Defence and Security; Thirdly, That our Countrymen in his Ma­jesties Dominions of England and Ireland may be free from Censure for sub­scribing the Covenant, and be no more pressed with Oaths and Subscriptions unwarranted by our Laws, and contrary to their National Oath and Covenant approved by His Majesty; Fourthly, That the Common Incendiaries, who have been the Authors of this Combustion in His Majesties Dominions, may receive their Iust Censure; Fifthly, That our Ships and our Goods, with all the Damage thereof, may be restored; Sixthly, That the Wrongs, Losses, and Charges, which at this time we have sustained, may be repayed; Seventhly, That the Declarations made against us as Traytors may be recalled, and in end, by advice and consent of the Estates of England convened in Parliament, His Majesty may be pleased to remove the Garisons from the Borders, and any Im­pediment that may stop free Trade, and with their advice may condescend to all Particulars, which may establish a stable and well-grounded Peace, for enjoying of our Religion and Liberties, against all fears of molestation and undoing from year to year, as our Adversaries shall take the advantage. This Royal testimony of His Majesties Iustice and Goodness, we would esteem to be doubled upon us, were it speedily bestowed, and therefore must crave leave to regrate, that His Majesties Pleasure concerning the Meeting of the Peers the 24th of this Instant, will make the time long ere the Parliament be convened, which is conceived to be the only mean of settling both Nations in a firm Peace, and which we desire may be seriously represented to His Majesties Roy­al thoughts; the more this time is abridged, the more able will we be to obey His Majesties Prohibition of not advancing with our Arms, Our Actions, and whole comportment since the beginning of these Commotions, and especially of late since our coming into England, are Real Declarations of our love, and desire of Peace: nothing but invincible necessity hath brought us from our Country to this Place, no other thing shall draw us beyond the limits appointed by His Majesty; which we trust His Majesty will consider of, and wherein we hope your Lordship will labour to be a profitable Instrument, for the Kings Honour, the Good of your Country, and of

Your Lordships humble Servants, and affectionate Friends,
  • A. Lesly,
  • Rothes,
  • Cassils,
  • Montrose
  • Dumfermline,
  • Lindsay,
  • Lowdon,
  • Napier,
  • Tho. Hope,
  • W. Rickarto [...]n,
  • J. Smith,
  • P. Hepbu [...],
  • D. Home,
  • Keir,
  • Ja. Sword.
Scots-Leager at New-Castle, Sept. 8 th 1640.

[Page 178] An. 1640On the 24 th of September, the Peers of England having met, the King by their Advice commanded his Secretary to write the following Letter.

My Lords,

The King ap­points a Trea­ty.ACcording to His Majesties appointment, the most part of the Peers of this Kingdom of England met here at York this day, where His Majesty did communicate unto them your Desires and Petitions; and because you do so earnestly press for a speedy Answer, His Majesty, with Advice of the Peers, hath nominated such a number of them for a Conference with you upon Tuesday at Northallerton, whose Names are underwritten. But withall if you shall think the time too short, and that with conveniency you cannot come so soon thither, if betwixt this and Sunday you do acquaint His Majesty there­with, he will take Order for the delay thereof, for one day or two.

And that you may without all fear or danger of Detention, send such Persons unto the said Conference as you shall think most fit, if betwixt this and Sun­day you send hither the Names of these you mean to imploy, His Majesty will with all possible diligence return a safe conduct under his own Royal Hand, for them and their necessary Servants.

His Majesty hath likewise commanded me to let you know, that upon your relieving of such Officers, and others of His Subjects, as are detained by you, he will return all such of yours as are his Prisoners, either here or at Berwick; and hereafter resolves, that fair Quarters should be kept betwixt both Armies. Thus having imparted His Majesties Pleasure, I continue

Your Lordships Servant, LANERICK.
York, 24th of September, 1640.

And now the King was in a great strait what to resolve on. Most of all the Peers advised a Settlement with Scotland, and a Parliament in En­gland: Strafford's Advice was more severe, and the Marquis pressed a Pacification. But though their Opinions varied, yet their Friendship continued, since both had the same designs for the Kings Honour and Service. A recruit of Money (which was beginning to run low) was not to be hoped without a Parliament, and their late experience told, on how uneasie terms that was to be had. Earl Lowdon also assured the Marquis by his Letters, that the Covenanters were well armed, well commanded, and very resolute, nor did they doubt of a strong Party in England; and therefore shewed, how dangerous it would prove to His Majesties Affairs, if a Treaty should not presently follow. The Marquis, little regarding how ill these Counsels would be represented by others, used all his Industry to prevail with the King for a Pacification on any terms; since none could be so bad, as the hazard the King was like to run, if matters continued so broken: for it was now apparent, how faintly His Majesties Forces did serve him, and with how much re­solution the Scotish Armies proceeded; neither were they without fears in their own Army, and that many of the Peers, and People of England, would have assisted the Scots, if matters had run to extremities.

A Breach be­twixt the Mar­quis and the Earl of Mon­trose.But at that time a passage fell out, which drew after it a tract of great Troubles on the Marquis. The Earl of Montrose had in Iuly that year, procured a Meeting of some Noblemen at Cumbermwald, the Earl of [Page 179] Wigtons house, where there was a Bond signed by them of adherence to one another in pursuance of the Covenant; and from New-Castle he con­tinued to keep Correspondence with His Majesty, notwithstanding an Act that had passed in the Committee, that none should under pain of Death write any Letters to the Court, but such as were seen and allow­ed of by at least three of the Committee. But this Correspondence of my Lord Montrose came to the knowledge of the Covenanters, and there were ill Instruments who suggested, that this Advertisement must have been given by the Marquis, which being too easily believed, occasioned a Breach betwixt them that could never be made up. And Sanderson hath had the Impudence not only to fasten this on him, but as if there had not been Imputation enough in it, he adds that the Marquis had in the night picked His Majesties Pockets for his Letters. Indeed he needed not take such Courses, had he been capable of that Treachery; for the Kings Confidence in him was such, that he delivered all the Letters he had from Scotland to his keeping, and if he had designed such a thing upon Montrose it was in his Power to have done it long before: for in Octo­ber and December of the former year, Montrose had writ much in the same strain to the King; which Letters the King gave him, and are yet extant, but were never heard off, till now that the Writer gives this ac­count of them. But the way how that Letter was discovered was this: the Covenanters sent Sir Iames Mercer to York, with their Letters to my Lord Lanerick of September the 14 th. with whom my Lord Montrose sent his Servant with Letters to some of his Friends at Court; and these Letters had been shown to the Committee: but as he sealed them up, he put within one to Sir Richard Grahame a Letter to the King, which had not been seen; and Sir Richard opening his Letter carelesly, the inclosed to the King dropt out: whereupon Sir Iames Mercer being near him stooped down in civility to take up the Letter, and read the Direction of it; and he returning next day to the Scotish Camp, told what he had seen to the General, who (in a Committee, that sate that afternoon where­in it was my Lord Montrose's turn to preside) said, that the Gentleman they had sent must be examined concerning any Letters he carried to the Court; and so he was called in, and examined. But Montrose un­derstanding that his Correspondence with the King was discovered, said, that seeing others kept a Correspondence with the Court, he knew not why he might not do it as well as they: it was answered, if others were guilty that did not excuse his fault, but when that could be made out against any, they were liable to the same Censure he had now incurred; whereupon he was commanded to keep his Chamber, and he called a great many of his Friends to him, to try who would adhere to him: where­upon the General bade the Earl of Calender, who was then Lieutenant-General, tell him, that if he came not, and submitted himself, he would hold a Council of War upon him, and proceed against him Capitally. Upon this my Lord Montrose came, and produced a Copy of the Letter, he said he had written, and craved pardon, and so this Matter was passed over: [...]ut it was suspected, that his Letter had been sent to the Cove­nanters by the Marquis; whereas indeed they knew no more of his Let­ter, but what they had from Sir Iames Mercer, who read the Address of it, and so they knew not what was in it, but by the Copy he produced. Yet this went current for the Marquis his Treachery, though Sir Iames Mercer did often vouch the truth of this before many Witnesses, and par­ticularly [Page 180] particularly to Sanderson himself before Noble Witnesses, who acknow­ledged his Mis-information, and promised to expunge that in the next Edition of his Book; though there are no grounds to fear, the Wo [...]ld will ever be troubled with another Edition of so ill a Book.

The Treaty at Rippon.In the end of September a Treaty was agreed upon, and His Majesty named the Marquis and my Lords of Traquair and Lanerick, to be a­mongst the Commissioners, who should Treat in His name. But the Co­venanters excepted against the Marquis and Traquair, whom they in­tended to pursue as Incendiaries, and therefore they could not Treat with them; as for Lanerick they had nothing to fasten on him. Upon this the King resolved to send none but English Lords, conceiving it not fitting to send any Scotchman, if the persons he had imployed as Commissioners were not of the number.

Rippon a little Town fifteen miles from York, was appointed to be the place of Treaty instead of Northallertown, and the King sent the English Lords thither, appointing Traquair and Lanerick to wait upon them, for giving them Information of Scotish Affairs; but he kept the Marquis to wait upon Himself. The Treaty begun at Rippon, and af­ter a few days, by reason of the new Parliament the King had summon­ed against the beginning of November, was removed to London. The Covenanters Demands were the same with those contained in their Letter of the 8 th of September, about which they continued Treating till the Iune of the next year; and so this year ended.

But here I shall insert a Paper, all written with His Majesties hand, which though it do not relate to Scotish business, yet I judged it a crime to let any of the Reliques of that Princes Pen perish. How it came into the Marquis his hand, I know not; it is an Answer to a Remon­strance, sent to the King by the Two Houses at Westminster, in the end of this year.

I Having taken to my serious Consideration the late Remonstrance made to me by Both Houses of Parliament do make this Answer.

I take in good part your care for the Preservation of the true Religion established in this Kingdom, from which I will never de­part; as also for your tenderness of my own Safety, and security of this State and Government.

It is against my mind that Popery or Superstition should any way increase within this Kingdom, and I will restrain the same by causing the Laws be put in due execution. I resolve likewise to pro­vide against the dangers of Iesuites and Priests, setting forth a Proclamation with all speed, commanding them to depart the King­dom within one month, whereof if they fail or shall return, then they shall be proceeded withall according to the Laws.

Concerning Rosettie you must understand, that my Wife hath al­ways assured me, that (to her knowledge) he hath no Commission, but only to entertain a pers [...]nal Correspondence betwixt Her and the Pope, of things requisite for the exercise of Her Religion, which is [Page 181] warranted to Her by the Articles of Our Marriage, which give Her a full Liberty of Conscience; yet I have so perswaded Her, that (since the misunderstanding of this person's Condition gives offence) She will within a convenient time remove him. Moreover, I will take special care to restrain my Subjects from resorting to Mass at Denmark-house, St. Jame 's, and the Chappels of Ambassadours.

Lastly, concerning John Goodman the Priest, you must know the reason why I reprieved him, is, that (as I am informed) nei­ther Queen Elizabeth, nor my Father, did ever avow that any Priests in their times were executed meerly for Religion, which to me seems to be this particular case; yet seeing that I am pressed by Both Houses, to give way to his Execution, (because I will avoid the inconvenience of giving so great a discontentment to my People, as I perceive this Mercy may produce) I remit this particular Cause to Both Houses: but I desire you to take into your serious Conside­rations the inconveniences, which (as I conceive) may upon this occasion fall upon my Subjects, and other Protestants abroad, espe­cially since it may seem to other States to be a Severity with surprize; which I having thus represented to you, think my Self discharged, from all ill consequences that may ensue upon the Execution of this person.

Anno 1641.

THe Marquis (notwithstandi [...]g all the malice he knew some of his Country-men bore him) did not slacken his endeavours to bring things to a final Settlement; An. 1641. and the high language which was now spo­ken at Westminster, furnished him with too strong Reasons, for enfor­cing the necessity of agreeing with the Covenanters. The King yields to all the Demands of the Cove­nanters. At length the King weary of contending so much, resolved to yield to most of their Demands.

For the first of publishing their Acts, though it was contrary to the practice of Scotland, to hold a Session of Parliament, unless the King were present by himself or his Commissioner: yet it was represented, that was but a point of Form; for as they Sate by the Kings Summons, so they did not pretend their Votes were Laws without the Kings Ra­tification; and their Sitting in this manner (though disorderly) could not be so derogatory to the Kings Authority, as at first view appear­ed; since it was the constant practice of the Two Houses in England, to Sit and Vote in the Kings absence. The King was willing all these Acts should be of new voted, promising his Royal Assent to them; but they were stiff, and the King yielded. For the Reparation of Losses, the King remitted them to the Two Houses, who considered their Ac­compts, and gave them a large Brotherly Assistance.

For the disposal of the Castles, the election of the Councellours, [Page 182] Officers of State and Judges, which the Covenanters desired should be done with Advice of Parliament, they went very harshly down with the King. But they alledged divers old Laws for their Demands, which seemed now necessary to he revived, since His Majesty was so seldom in Scotland. The Kings great apprehension of this was, that it would give a Copy to England, for making the like Demands: to which it was answered, that the Kings residence in England made the case to differ vastly; the Scotish Lords engaging upon their Honour, to declare (in case the Two Houses should make the like Demands) they were un­reasonable in so doing.

In a Word the King granted all they demanded, only he thought it unjust, and unreasonable to grant an Indempnity to the other Party, and let his Friends be secluded from it; wherefore he pressed nothing so earnestly, as that the Oblivion might be without exception▪ and the List of those who were summoned upon the pretence of being Incen­diaries, was so great, that he thought to abandon so many of his Faith­ful Servants to the violence of the Times was so dishonourable, that he could not answer for it, neither to God nor man. The Covenanters, to yield somewhat, reduced their great number to five persons, who were the Earl of Traquair, the Bishop of Ross, Sir Robert Spotswood, Sir Iohn Hay, and Doctor Balcanquell: but the King thought he could not yield to that Demand, were there but one excepted; and told them, that though he had better Grounds to pursue some of themselves as In­cendiaries, yet being willing to dispense with these his Resentments, he had reason to expect the same Condescendency from them. But they pretended their Bond and Oath for prosecuting of them; and though it was told them, that an ill Oath was worse kept, yet they were stiff; and the temper found, was, that their Processes should go on, but their Censure should be remitted to the King, and that the Scots should be satisfied with his Assurance, that he should imploy them no more in Scotish Affairs without consent of Parliament.

And thus all things were agreed on, and His Majesty determined to go in Person to Scotland, to settle matters there; but at this time the Scotish Commissioners began to Cabal with the Male-contents in the Two Houses, and in particular concurred with them in the pursuit of the Earl of Strafford. The Friendship betwixt the Marquis and that Gallant man, had been great and intire: and as his Testimony in those matters about which he was examined was among the Evidences Strafford had in his Defences; so his Confidence in the Marquis did appear by the following handsome Letter he wrote to him a few days before his Death.

May it please your Lordship,

HItherto I judged it not fit to endanger your Lordship by any Intelli­gence betwixt us, which might have turned much to your prejudice, in a time when the World is in so much mis-understanding of me; but now be your Lordship pleased, to admit me to resort to your noble Expressions and former Friendship, that I may carry forth of the [...]ourt with me the belief and tokens of it.

It is told me, that the Lords are inclinable to preserve my Life and Fa­mily, for which their generous Compassions, the great God of Mercy will re­ward them: and surely should I die upon this Evidence, I had much rather be the Sufferer than the Iudge.

[Page 183]All that I shall desire from your Lordship is, that devested of all Publique Imployment, I may be admitted to go home to my own private Fortune, there to attend my own Domestick Affairs, and Education of my Children, with as little asperity of words or marks of Infamy, as possibly the Nobleness and Iustice of my Friends can procure for me, with a Liberty to follow my own occasions, as I shall find best for my self.

This is no unreasonable thing I trust to desire, all considered that may be said in my case, (for I vow my fault that should justly draw any heavy Sentence on me, I yet do not see:) yet this much obtained will abundantly satisfie a Mind hasting fast to quiet, and a Body broken with afflictions and infirmities. And as I shall take my self highly bound to any that shall further me therein, so I more particularly desire to receive an obligation therein fro [...] your Lordship than from others, as being purposed in the truth of my former Professions, to express my self

Your Lordships humbly to be Commanded, STRAFFORD.
Tower, 24 th of April, 1641.

But since all His Majesties most vigorous Intercessions were not able to preserve that Great man, it is not to be imagined, any good Offices done by meaner persons could succeed; yet the Marquis acted in it with Great Candor and Friendship: but that preserved him not from being suspected, of having advised the King to consent to Strafford's Death; and for his Vindication, I shall only refer the Reader to his own words, in the Speech he delivered the morning before he died, to be inserted in its proper place.

The Scotish Bishops who were now at London, thought themselves un­done, and complained of the Marquis as the cause of their Ruine; Many com­plain of the Marquis. and yet he had been careful, to get them all either provided with Places, or relieved with the Kings Money, so that all of them in their Letters to him acknowledged him to be their only Patron, about the King. Traquair was worst pleased of any, and complained that the Marquis had opposed the Article of Incendiaries till his own Name was dashed out, and then had deserted the rest; but his Name was not struck out alone, Huntley's, and many others being dashed out with him: besides, the pre­judice of that Process, was only to be put out of Imployment in Scot­land, by which the King was engaged in Honour to make up that loss another way, wherein the Marquis engaged to serve him faithfully. Others of the Court who hated and envied him, were glad to find colours of Censure in any of his Actions, and it was loudly talked, that the King was now to part with his Crown of Scotland with his own hands, by granting Concessions so derogatory from Kingly Authority: but the King, who understood his own Affairs better than any of these Cen­surers, saw the necessity of settling with Scotland immediately. For the Marquis represented to His Majesty, that though those Acts did very much diminish his Authority; yet the Scotish Parliament, being govern­ed but by a few Heads, who influenced the rest, there was no doubt but the gaining of the Leading-men, might so prepare things, that ere a few years went about all might be brought to a greater Temper: for the King was firmly resolved to make good what he now promised, and never to violate these Concessions, unless he could get them rescinded in Parliament.

[Page 184]And let me once for all say freely, this was the great Measure of all the Marquis his Counsels about Scotland, that (except when he saw at the beginning, as hath been said, that the Kings Interest and Honour requi­red, his utmost Resentments, and that a forcible Redress seemed not im­probable, and promised success) way should be given to the present heats for some time, in hope of recovering of them by such Concessi­ons: The Earl of Rothes is gain­ed, and soon after dies. and in pursuance of this design Rothes was much caressed by the King, and intirely gained; but as he was recovering to his Duty, he was overtaken by sickness, of which he died at Richmond, and was much regrated both by those of the Court, and the Covenant, being a man of great Abilities and much Honour.

In Iune the Earl of Dumfermline and Lowdon were sent from London to Scotland with the Articles of the Treaty, and a desire that the Parliament there might yet be prorogued for some time, since the Affairs of England put a stop to the Kings present Journey. They also carried down a Sub­mission from Traquair, and were to deal, that the Acceptance of it might stop the further agitation of the Pursuit against him.

All this while there had been divers Meetings of Parliament in Scot­land; but by reason of the dependence of the Treaty, they were still prorogued. The Parlia­ment of Scot­land is oft pro­rogued, but goes on with the Process against Incen­daries. Their greatest business was to prepare the Process against the Incendiaries, both the President Spotswood, and the Clerk of Regi­ster Hay, being Prisoners in the Castle of Edinburgh, since the former Winter. The Covenanters required the Kings Advocate to concur with them, according to his Place, which obliged him to assist in the Pursuit of all Publick Crimes; but Lanerick in the Kings Name commanded him to deny his concurrence, and this made much ado; as also in all the Kings Orders for proroguing the Parliament, mention was made of my Lord Traquair as Commissioner, against which they always protested. But at this time the Parliament would not consent to Prorogue of new, only they declared they should be preparing matters, and not go on to the Determining any thing before the middle of August, against which time the King purposed to be in Scotland. As for Traquair's Submission, it was rejected, and many begun to complain aloud, that whereas they sign­ed a Bond to prosecute the Incendiaries, yet many were dispensed with; and much pains was taken by distinctions to satisfie their Consciences, that they meant not to set up an Inquisition by that Oath, and that it was only meant of those that were declared and avowed Incendiaries: but others said that the words were general, and tied them without respect of persons to pursue all equally.

The Earl of Montrose is made Prisoner for correspon­ding with the Court.At this time there was a Gentleman seized at Broxmouth with Let­ters to my Lord Montrose, which discovered a new Correspondence of his with the Court, for my Lord Traquair's Preservation: and with this the story of the Bond signed the former year at Cumberwald broke out; upon which he, and some of his Friends, were committed close Prisoners to the Castle of Edinburgh, and were called Plotters.

On the 12 th of August the King came to Scotland, The King comes to Scotland. accompanied by the Prince Elector who came along with him, to see what Assistance he might expect from the Scotish Parliament. The King, to please the Scotish Clergy the more, appointed Mr. Henderson to wait upon him while he should be in Scotland, and to provide Preachers for him, being resolved to conform himself to the Scotish Worship while he was among them.

[Page 185]The Parliament at first Voted that all the Members should subscribe the Covenant, which was done by all; only the Duke of Lenox took a few Days to advise, All the Mem­bers of Parlia­ment subscribe the Covenant. after which he came and subscribed with the rest. Most differences had been settled at London, but the matter of the Incendiaries and Plotters was that at which things stuck long, and occasioned the Kings stay in Scotland. Many censured the Marquis, as not concerning himself so much for those persons as became him; and because he in prosecution of the Design the King had laid down, took much Pains on the Earl of Argyle, it was said, he was courting the Kings Enemies and neglecting his Friends. But he judged the great Design of Settling the King with the Country, was to be prefered to all pri­vate Interests; and his brother following his Method, shared with him in the same Jealousies, though not to so high a degree. But His Maje­sty knew the Marquis too well to be easily moved with these Whis­pers; therefore in one of his Speeches in Parliament He declared, That the Marquis had carried himself as a faithful Subject and Servant in all his Employments, during these Troubles, and as one that designed the Good and Happiness of his Country: upon which the King gave his As­sent to the following Act of Parliament.

IN the Parliament holden at Edinburgh, The Marquis is vindicated by the Parlia­ment: in this Session thereof holden the last day of September, t [...]e year of 1641 years, this Act following was made by the King and Estates, whereof the Tenour follows.

Whereas there have been certain scandalous words spoken of the Marquis of Hamilton, tending to the prejudice of his Honour and Fidelity to His Majesty and his Countr [...], which are now acknowledged by Henry Lord Ker, Speaker thereof, in presence of His Majesty and Estates of Parliament, to have been rash and groundless, for the speaking whereof he is heartily sorry; and since His Majesty and the Estates of Parliament know it to be so. There­fore His Majesty, and Estates foresaid, declare the said Marquis of Hamil­ton to be free thereof, and esteem him to be a Loyal Subject to His Majesty, and faithful Patriot to his Country: and the said Estates remit the further Censure of the said Lord Ker to the Kings Majesty. Extracted out of the Records o [...] Parliament by me Sir Alexander Gibsone younger of Dury, Knight, Clerk to his Highness's Register and Rolls, under my Sign and Sub­scription manual.

Alex. Gibsone Cl. Reg.

The Marquis had often heard that his Enemies had Designs upon him, and he represented what he heard to the King, yet he loseth ground with the King. but acknowledg­ed he had it only by Whispers; and thus matters went on till the 11 th of October. Yet all this while the Marquis was insensibly losing ground with the King; for the perpetual Whispers of his Enemies could not choose but make some impression, being specious, though forged grounds of Jealousie, cunningly contrived, and managed with great assiduity, art, and malice.

Lanerick also found the Kings Countenance beginning to change towards him, whereupon he assumed the freedom to ask His Majesty, if he judged that he had been capable so far to forget his particular Fa­vours to himself, (who from nothing had heaped both Fortune and Honours on him) as to do any thing might merit the change he saw in [Page 186] him: the King answered, He believed he was an honest man, that he had never heard any thing to the contrary, but that his Brother had been very active in his own Preservation. This made Lanerick Look the more narrowly to his Brothers Actions, to see if he could discover, whether in any thing he had studied to preserve himself, by prejudicing the King; but in a long Account of that business, which I have under his hand, he protested that the nearer he looked he discovered in him the greater Fidelity and Affection to his Master. It is true, the King met with great Opposition in Scotland in the matter of the Incendiaries and Plotters, and it was represented that the Marquis and his Brother might have made it less, which perhaps left some Impressions on His Majesty; but having it so often under both their hands, That might their Souls perish, if they left any thing undone that was in their pow­er, to get a Compliance to the Kings Desires from the Parliament, I must believe this Opposition flowed from the Distempers of that Time.

But about the middle of October, an odd passage fell in, which for its not being expected, was called the Incident. A Gentleman, not known to the Marquis, brought him and the Earl of Argyle the Disco­very of a Plot, he said, was laid for their Lives, and the Earl Lanerick's; which he said he could justifie by one Witness, who was invited to the ex­ecution of it. He told also a long formal Story of the persons were to be Actors, of Time, Place, and Manner, and said it was to be executed that very night. This the Marquis carried to the King without naming Parti­culars, which could not be done safely by the Law of Scotland, since he had but one Witness to prove them by. The King desired him to examine the thing to the bottom, and bring him what further Evidence he could find. In the Evening other Presumptions were brought to the Mar­quis, but no clear Evidence, and the matt [...]r was got abroad, and in every bodies mouth; so that all who depended on these Lords came about them in great numbers: and those on whom the Design was fastened, gave out it was a Forgery to make them odious, and ga­thered also together. The Marquis hearing this, did not stir out of doors, lest some of their too officious followers had raised Tumults; and next day in the Evening, he with the Earl of Argyle and his Bro­ther, and half a dozen Servants, went out of Town to his House of Keneel, twelve miles from Edinburgh, and sent his excuse to His Maje­sty, with the true account of the Reasons that moved him to do what he had done. Upon this many Discourses went about, People of all sides passing construction as they were affected; but the Parliament took the whole matter into Consideration. Those who had given the Information, owned what they had said, and those on whom the Plot was fixed, did as positively deny all: so that no clear Proof being brought, the Parliament could come to no other Decision, but that the Lords had good reason to withdraw themselves; and so they were invited to return to their place in Parliament. But he is again in His Maje­sties favour. This was a tedious business, and put a great stop to the Settlement betwixt the King and the Nation; but further Particularities are thought needless to be set down, since this Matter vanished no effect following on it.

The Marquis quickly recovered his former [...]oom in the Kings Affe­ction, so that there remained not so much as a vestige of this cross Ad­venture. Things in Scotland took presently a Settlement, and those [Page 187] were called Plotters and Banders (after examination, and a delivering up of their Bond, which was burnt by the hand of the Common Hang­man) were set at Liberty, after some time of further Restraint: but the Process of the alledged Incendiaries was to go on, yet they were to enjoy their Liberty, and undergo no other Censure but the loss of Publick Imployment; which though yielded at London, was long re­sisted in Scotland, they pretending their Oath to bring them to condign Punishment.

But as the King was going on with the Settlement of one Kingdom, The Rebellion breaks out in Ireland. he got the saddest News that ever were heard out of Ireland, of the de­sperate Rebellion and Massacre had broken out there; whereupon His Majesty recommended to the Parliament of Scotland, the Relief of his oppressed Protestant Subjects in Ireland, which they undertook very willingly. But because of the interest England had in Ireland, Com­missioners were appointed to Treat with the Parliament of England, for Concluding a Peace betwixt the two Nations, and Settling of Trade, and particularly about the Terms upon which they should engage in the War of Ireland: and so about the middle of November, the King, having granted to the Scotish Nation all they could demand, ended the Parliament there, and returned to London about the end of that month. But before the Marquis left Scotland, he by the Kings particular Com­mand, entred in a close Friendship with Argyle, considering that, be­sides the great Power of that Family, his Interest with the Clergy and Covenanters was such, that none could be so useful to His Majesties Ser­vice as he. And this Friendship was to be twisted closer by a Bond of a near Alliance betwixt their Children. But from all the Letters that passed betwixt them, (yet to be seen) it is as clear as can be, that all the Marquis his design in this Friendship was for the Kings Service, and that all that time Argyle expressed a hearty concurrence in it. To gratifie the Covenanters the more, the King had created him a Marquis: Lowdon was also made Chancellor, Lesley Earl of Leven, and Lindsay put in a fair way to be Treasurer, Traquair being turned out.

The King at his return to London, The King re­turns to London where he finds matters worse. found the Edge he had left on some of their spirits was no way blunted, but growing into more sharp­ness. When the Marquis was in Scotland, a Member of the House of Commons, laying out their Grievances, among other things inveighed against Monopolies, and spoke so plainly, that all understood he meant the Marquis, as a Person that deserved to be accused, as well as either Strafford or Canterbury; but others of that same Cabal took him up sharply. And now upon the Kings return, his Enemies finding their de­signs against him could not take with the King, in whose Favour he was as much as ever, they took a strange Course to destroy him; which was to set on some Members of the House of Commons to accuse him, as the In­cendiary betwixt England and Scotland, who had engaged England into all that Expence; who had also invited the Scots to march into England, and had been always the third in Strafford's and Canterburie's Counsels; who had advised the Dissolving of the former Parliament, and had oppressed the Subjects by the grants of many Monopolies which he had. This was smelled out even by some of the same Cabal, who perswaded their Friends to desist; shewing them, That for his Carriage betwixt England and Scotland, an Oblivion was passed in the late Treaty, which was ra­tified by the Parliament of England; That for other things, though his [Page 188] Engagement in the Court had carried him along to some extreme Counsels; yet they said, it was well enough known, how moderate his Inclinations were, how great an Instrument he had been in the late Set­tlement of Scotland, and how much he was hated upon that account; and that this was a design to destroy him, either out of malice, or be­cause some feared his moderate Counsels in England, as much as they hated them in Scotland. This seems to have flowed from the Friendship which divers of the Leaders in the House of Peers had for him, whom he had often obliged; and as they were not unsensible, nor forgetful of his good Offices, so they seem to have had a particular kindness for his Per­son. And while he was in Scotland; he kept Correspondence with Man­devil, Essex, and others, and chiefly with the Lord Say and Seale; but all their Letters shew that his greatest business with them, was to pre­pare them to a better Correspondence with the King.

But when the Marquis smelled out the design against him, he gave the King an account of it; and told him, that if His Majesty intended to go on in his Affairs in a Kingly way, he would wait on his Commands, and expose himself to the displeasure of the House of Commons: but if His Majesty intended to settle Matters by an absolute Compliance with the Parliament, then he conceived it was fit, that his Servants should use their endeavours for their own Preservation, that so they might be afterwards useful to his Service: yet he said, he would do nothing for himself, but by His Majesties Allowance and Direction (being it is like taught more caution by the Jealousies had been taken from his care of vindicating himself in the Parliament of Scotland.) The King upon this allowed him to use all means for his own Preservation, which he so managed that the designed Accusation came to nothing. This parti­c [...]lar His Sacred Majesty vouchsafed to tell the Writter, adding, that he had it from the Queen His Mother.

Anno 1642.

An. 1642.THe Tumults and Disorders about Whitehall and Westminster rose to that height, that the King withdrew to Windsor in the begin­ning of the year. The Scotch Commissioners continued Treating about their engaging for Ireland, The S [...]ots Commission­ers animate the Houses to press the change of the Laws about Church-Go­vernment, which the King pressed forward very ear­nestly: but some of the Commissioners begun to tamper with those who were most opposite to the Court in the Two Houses, and in stead of Mo­derating them, were instigating them to persist in their Demands about Religion, to get Episcopacy brought down, and Presbytery set up. To the first of these most assented, but few were cordial for the latter. In or­der to this on the 15 th of Ianuary, the Scotish Commissioners seconded the Desires of the Two Houses with a Paper, which they presented to the King, on that Subject, and afterwards Printed it.

The King was highly displeased, that they were not satisfied with the Opposition they made him in Scotland, with which the King was highly displea­fed. norwith the Concessions he had granted them there; but were now come to foment Troubles in Eng­land. It was not long since they made loud Complaints against the designed Uniformity with England, and the Interest the Englishmen had in managing the Affai [...]s of the Scotish Kirk; and would they now [Page 189] act that part which they had condemned in others? They could not alledge that against Episcopacy in England, which they pretended in Scotland, that it had never been fully nor clearly settled in it, or that the stream both of Clergy, and Laity, had run cross to it: the contrary of all that was clear in England, where Episcopacy was deeply rooted in their Law. And ever since the Reformation, for eighty years together, the Church of England had flourished under Episcopacy; so that it was the wonder and envy of the World, till of late that some Brownists, and other Sectaries, begun to disturb its quiet. They knew, he declared the Grounds on which he dispensed with Episcopacy in Scotland, were not from his own Judgement about it, but meerly to comply with their A version to it; but the case was very different in England. All this he said for giving them satisfaction, and it is the sum of what he repeat­ed afterwards upon the like occasions. But in the end he told them, their Commission was not to mediate betwixt him and the Two Houses, and therefore on the 19 th of Ianuary, he signed the following Order to Lanerick.

CHARLES R.

WE have thought fit to require you to repair to the Commissioners from Our Parliament of Scotland, and let them know, The King for­bids their do­ing so any more, that We expected before they should have interessed themselves, in any manner of way, betwixt Vs and Our Parliament of England, they would (according to Our Desire expressed to them by Our Letter of the 13 th of this Instant) have acquainted Vs with their Resolutions in private, and that for the time coming We are very confident (out of the respect due to Vs from them, and their earnest De­sires to shun Mistakes and Disputes) they will no way engage themselves in these present Differences, without first they communicate their Intentions with Vs in private, whereby all Iealousies and Suspicions may be removed, and they better enabled to do Vs Service.

Given at Our Honor of Windsor, the 19 th. of Ianuary, 1641.

Directed, TO Our Right Trusty, and Right well-beloved Cousin and Councellor, the Earl of Lanerick, Our Secretary for Scotland.

After this the King sent Mr. Mungo Murray to Scotland, with Com­plaints of the Commissioners, signified by the following Letter to the Chancellor.

Right Trusty and right well-beloved Cousin and Chancellor, We Greet you well.

AS it hath been alwaies Our care and Study to have a right Vnderstand­ing betwixt Vs and Our Subjects of Scotland; and complains of them in his Letters to Scotland. so nothing can joy Vs more than to hear the effects thereof to be such, as that they in peace and quiet­ness enjoy the benefit of Our Courts of Iustice; and that under Our Govern­ment they reap the fruits of those sound and wholesome Laws, established in that Kingdom by Vs, and Our Predecessors, for their good and happiness.

We cannot but take kindly from you, your representing unto Vs the Mise­ries and Afflictions, to which Our good Subjects of Ireland are reduced, through [Page 190] the inhumane and unheard-of Cruelties of the Rebels there. We on Our part have left nothing undone, which We thought could express how sensible We are of their Sufferings: but the present Distractions of this Kingdom do both de­lay the sending of those necessary A [...]sistances and Supplies, which they ought to expect from hence, and prolong the Treaty with Our Commissioners of Scot­land; so that if some extraordinary Course be not taken for their present Sup­ply, it is not like their Miseries will end sooner than their Days. The Consi­deration whereof induceth Vs to require you to move Our Council, that these Forces, that are already on foot in Scotland, may be presently sent over thi­ther, and We will oblige Our Selves to see them readily and punctually paid by this Parliament; which if they shall refuse to do, We will engage Our own Revenues, rather than delay so good and necessary a Work: to which purpose, We shall issue forth such Commissions, and give such Warrants under Our great Seal of England, as Our Council of Scotland shall think necessary for their Service, and grant all such their Desires for the advancement of this Work, as in reason can be demanded from Vs; and therefore do require you, with all possible diligence, to return Vs their Resolutions herein, which We are confi­dent, will be such as will testifie their Respect to Vs, and Affection to their distressed Brethren in Ireland.

And now We are confident, We shall not need to remember you of those Du­tiful expressions of Respect and Fidelity you made to Vs at Our late being in Scotland: for the same Affection which produced those expressions, will in­duce you to make them good by your Actions. We remember well, you expres­sed your readiness to hazard both Life and Fortune, for the maintenance of Our Temporal Power; and even in matters Ecclesiastick, though you wished Vniformity therein betwixt the two Nations, yet you would not interest your selves in these Differences, further than should be with Our knowledge and good liking. We wish Our Commissioners of Scotland had taken that Course, and not meddled, nor offered to mediate betwixt Vs and this Parliament, before they had first made their Intentions known unto Vs in private, ac [...]ording to Our express Desire; nor made their private Advice publickly known unto Both Houses, which is now in Print. We did conceive the Intention of the Com­mission granted them by Vs in Parliament, was for finishing the remainder of the Treaty, for Se [...]tling of Trade and Commerce, and keeping a right Vn­derstanding betwixt the two Nations, not betwixt Vs and Our Parliament here. It is true, they were to receive their particular Instructions from the Council, which We believe to have been limited to these Generals, which cer­tainly never could have reached this Particular. But we shall pass by this, and remember it no more, so we may find Our Council hereafter give them no further Warrant, to meddle any more betwixt Vs and this Parliament, but in so far as We shall first know and approve of it; which truely We conceive to be the only Means to shun those Suspicions and Iealousies that might breed any interruption of that happy Vnderstanding that is now established, betwixt Vs and that Our Native Kingdom. Herein We exspect your best endea­vors, as a real Testimony of your Affection to Our Service. We do likewise think fit, that a Double of all such Instructions, as have already been given, or shall hereafter be given▪ to the Commissioners, be sent Vs, which will ex­ceedingly conduce to the shunning of unnecessary Mistakings. And in case there come any Dispute betwixt Vs and Our Parliament here, about the No­mination of Officers and Councellors, We hope you will remember, upon what Grounds We were induced to yield in this particular to the desires of Our Subjects in Scotland, it being Our necessary absence from that Our Native [Page 191] Country; and you in private did often promise, upon occasion, to declare that this Kingdom ought not to urge it, as a Precedent for the like to them, the Rea­sons not being the same: therefore now you are to think upon the most conveni­ent way to make good that Promise, and labour to prevent so great an Incon­venience unto Vs, which We expect from you as one of the most acceptable Services can be done unto Vs.

CHARLES R.
Windsor, 26 th January. 1642.
POSTSCRIPT, With His Majesties own Hand.

I have commanded this My Servant Mungo Murray to tell you some things, which I think not fit to write; therefore desiring you to trust what he will say to you from Me, I will now only add, that your Affections rightly expressed to Me (at this time) will do Me an unspeakable Service, to the effecting of which I expect much from your particular Affection and Dexterity.

His Majesty also wrote to the same purpose to the Marquis of Argyle, and added the following Postscript with His own Hand.

I Cannot but thank you for your Letter I received by Kinnoul, it being the performance of a Promise you made at my last being in Scotland; not doubting but you will perform the rest with the same cheerfulness. And I assure you, this is a time wherein the kything of your Affection to Me▪ will do Me an unexpressible Service, as Mungo Murray will tell you more at large, whom I desire you to trust in what he shall tell you from Me.

CHARLES R.
Windsor, 26 th January. 1642.

His Majesty named the Officers of the Army that was to go over to the relief of the Protestants in Ireland, choosing them so, that they might be most acceptable to Scotland: and this he did both to gain the more upon them by his Confidence, as also to set those troublesom People out of the way; though this turned to the great prejudice of his Affairs in Scotland, as shall afterwards appear. But for this Advice, the Mar­quis deserved no share of the Blame; for the King left him behind at London, to see what could be effectuated by Mediation with those of the Peers, whom he knew to love him; and it appears by the follow­ing Note, that he continued in His Majesties Confidence.

Hamilton,

I Desire you to come hither to morrow, not only to end our last Discourse, but also upon other business of great Importance; and you shall find that I am

Your constant Friend, CHARLES R.
Windsor, 1 st February, 1642.

What that business was does not appear to the Writer.

When the King withdrew further from the Parliament, and went Northwards, the Marquis was kept at London by a great Sickness of some months continuance, The King leaves the Par­liament, and the Marquis stays at [...]ondon being sick. the length of it being occasioned by his fre­quent relapses into Fevers, and a lingering Recovery out of them; yet his ill-willers at Court represented the story of his Sickness, to be but feigned, that under that pretext he might desert the King when he needed his Service most. But he hearing of this was resolved to be carried sick as he was to the King, which the King knowing, comman­ded him to stay till God gave him Strength to come, without prejudice to his Health.

In March the Treaty between the Parliament of England and Scot­land was closed; The Treaty with Scotland for the relief of Ireland is ended. and among other Articles one was cast in, That an Vniformity of Religion should be endeavoured betwixt the Kingdoms. But the King would do nothing that might seem to stop the Irish business, and therefore gave way to it, though he smelled the design of it abun­dantly well. Besides, the words being conceived in general Terms, he would not oppose them; since he judged an Uniformity of Religion was to be endeavoured, as well as they did, but with this odds, that he thought the Standard of it should be taken from England. As soon as this went home, the Scotish Armies went over speedily in the beginning of April: And the Scotish Council wrote to His Majesty, and the Two Houses, that they designed to send the Marquis of Argyle over to Ire­land, but first to send him and the Earl of Lowdon to London, to me­diate betwixt the King and the Houses; with which His Majesty was pleased. But the Houses excused it in a fair way, pretending, that they judged Argyle's presence necessary in Scotland. Many wondred whence this Jealousie of him did flow; some thought it was because the King consented to it, and therefore they misdoubted him; others apprehen­ded that their Jealousie was founded on the Friendship that was be­twixt the Marquis and him; and that finding the Marquis so inflexi­bly firm to the Kings Interest, and averse from theirs, they feared that Argyle's Friendships and his was founded on the same designs.

New Calum­nies on the Marquis,At this tim [...] some of the Marquis his Enemies represented to His Ma­jesty, that he made Offers of the Militia to the Houses, with other things highly derogatory to His Majesties Authority; and that he pre­tended a Warrant for those Offers was sent him by Mr. Murray of the Bed-Chamber. These were the bad offices some fiery spirits studied to do, to all who endeavoured the quenching of that Flame which was like [Page 193] to devour Britain; but notice being given of this to the Marquis, he wrote Mr. Murray this Answer.

Worthy Friend,

IT is no new thing for me to find my self traduced to His Majesty, but I should wonder very much. of which he clears himself. if he give Credit to a Report grounded upon such Improbabilities: for if His Majesty would be pleased to call to mind, how oft he repeated to me that He would never condescend to the Parlia­ments. Demands concerning the Militia, no not for an Hour in the way it was, I am sure He will not think that I could engage my self to the Parlia­ment, that He would perform that which He never gave me Ground to be­lieve my self.

And as for His return to London, I likewise affirm He never gave me cause to hope, let be to engage my self to the Parliament for it. I have had the Honour to be intrusted in divers Employments from Him, and He knows I never exceeded His Instructions: I hope He will not now think me so mad, or so great a Knave, as to do that which might bring Him any Inconveni­ence: for why should I be an undertaker to the Parliament for either, having neither my Instructions, nor Directions from Him to mention to the Parlia­ment, or any Member there. But these Reports proceed from such, who per­haps (if the matter were looked into) have said what probably they will not make good, and so endeavour to make other men bear the Burthen. I am not sorry they have joyned you with me in this, since it cannot prove your disad­vantage, the thing being so eminently false.

I see my Enemies malice will have no end, and when they want other grounds, Sickness is enough for them to take advantage of; but if they had been in the Condition that I have been in these three weeks, they would have been more charitable, and so I leave them.

The uncertainty of my Recovery hath made me write thus much to you, and truely not without trouble, that you may let His Majesty know my Innocency in these particulars, and that I still continue in a Condition not able to attend Him, which is a great grief to

Your faithful Friend and Servant, HAMILTON.
Whitehall, 7 th April 1642.

In the middle of April, the King signified to his Council in Scotland, his Design of going in Person against the Rebels in Ireland, The King thinks of go­ing to Ireland ▪ which he purposed, both to put more vigour in the Army by his Presence; as also to refute those Calumnies were spread upon him, as if he inclined to Po­pery, and had been accessory to the late Rebellion, with which dam­nable Calumnies his Enemies were beginning to asperse him. But the Scotish Council, as well as the Two Houses, but that moti­on is disliked by both Nations. interceded earnestly with him against this Design, pretending the Hazard his Sacred Person would be in. Some judged that they were afraid, lest by such a real Argument the Calumnies were cast on His Majesty, and scattered among the Vulgar for carrying on their Designs, might be refuted; and some feared lest His Majesty, had he gone to the Army, might have gained too much upon their Hearts, whereby he might have been in a Condition to have over-awed the Two Houses.

[Page 194]In May the Scotish Council sent up the Lord Chancellor to offer a Media­tion for a better Understanding betwixt the King and the Two Houses; but the King was much irritated, The Chancel­lor of Scotland sent to mediate betwixt the King and the Two Houses, by the Affront he had lately received before Hull from Hotham. He likewise found the Chancellor insisting on Vni­formity of Church-Government, therefore he ordered his return into Scotland; and gave him a full account of all had passed betwixt him and his Two Houses, requiring him to give a true representation of it to his Council there. In the end of the Month the Marquis had recovered so much Strength as to come and wait on the King at York, where he would gladly have prosecuted his former Counsels, for advancing a Settlement betwixt the King and his Two Houses: but he knew not how to advise the King to grant more than he had already yielded to, which (as the King said to him) was more than had been granted by all the Kings of En­gland since the Conquest: adding, that though he had gone a great length in Concessions to them, they had not obliged him by one favou­rable Vote, so that nothing remained for the Marquis but to lament the Kings Misfortune; yet he offered the uttermost of his Services to him, and subscribed for the pay of threescore Horse in the Kings Army. But he represented to His Majesty the Hazard of Scotland's concurring with the Two Houses; which the King might easily apprehend, both from the late carriage of their Commissioners, and from what he knew of their Temper, especially of the Ministers Zeal, and Power with the People. For his own part, he said, he was able to do the King small Service any where; but having neither Interest, friends, nor followers in England, he would be but a burden to His Majesty there: but if he could signi­fie any thing, it was in Scotland, where he should use his utmost En­deavours to divert them from assisting the Kings Enemies; for to expect Aid from them, was not to be thought upon. His Majesty judging this most expedient, sent him to Scotland, without any positive Instructi­ons, recommending only to him his Service in General, of which he was so confident that he wrote the following Letter after him.

Hamilton,

and is sent by the King to Scotland. I Have no time to write Particulars, and to perswade you to serve me, I suppose that I have less need than time; therefore in a word, this is a Time to shew what you are, assuring you that at all times, I will shew that I am

Your most assured and constant Friend, CHARLES R.

MEMOIRES OF THE LIFE and ACTIONS OF James Duke of Hamilton, &c.
LIB. IV. Of the Duke's and his Brother the Earl of Lanerick's Negotiation in Scotland till their Imprisonment.

THE Marquis came to Edinburgh in the begin­ning of Iuly, Great Jealou­sies of the King in Scot­land. and found very many disgust­ed with him for his late concurrence in the Council at York, as a Peer of England. He studied by all means to remove the wicked In­sinuations, which some in England had sent to Scotland against the King: the most hurtful of them was, about his favouring of Popery, and his Designs of falling upon Scotland by Force, as soon as he had mastered the Two Houses. These were zealously pro­pagated by the Emissaries from England, and all Places sounded with the danger Religion was in; so that he found his Negotiation was like to prove again unfortunate. The only means by which he had any hopes of engaging Scotland in the Kings Quarrel, was, to move that an Invitation might be sent from Scotland to the Queen for her return, (whom the Tumults at London had driven beyond Sea) that she might mediate for a Settlement betwixt the King and the Two Houses. This he judged might insensibly draw them on to own the Kings Service, for if the Queen came upon their Invitation, they would be obliged in Honour to protect her, and see that she met with no Injuries, and to resent such as should be done her; and therefore he sent a confident Friend to give His Majesty an account of the Posture things were in, according to the following Instructions.

[Page 196] I SHew His Majesty with what a prejudicated Opinion I was received, by reason of what I have done at York, which I still lie under.

II Shew in what Temper I found this Kingdom, occasioned (as I conceive) by the apprehension they have of His Majesties not observing what He hath already granted, if He shall be in a Condition to force them; see [...]g it is be­lieved, that what He hath given was against His Will. Next, divers emi­nent Persons apprehend, that if He obtain His ends by Force, they will be neglected, and Persons obnoxious to this Kingdom cherished.

III Shew that some activ [...] m [...]n will not lie idle in so stirring Times; and therefore His Majesty would consider how to make use of them, lest otherwise they may be engaged, and with them the Kingdom.

IV Shew that it will be impossible longer to delay the Meeting of the Commis­sioners for Conserving of the Peace, and what my Part hath been therein; and therefore to Consider, if it were not fit they were called by His Majesties Warrant.

V Shew that I could not think of a better way to serve Her Majesty (for the present) than by procuring an Invitation from the whole Kingdom for Her return; which Proposition if His Majesty conceive fit for His Service, and be acceptable to Her Majesty, I doubt not of the effectuating it, otherwise it shall here end.

VI Shew that though I can be of no great use to His Majesty any where, yet I conceive more here than at York; for albeit I still say I can undertake for nothing, yet I may possibly be able to prevent Evil, if I can do no Good.

VII Shew the miserable Condition of my Fortune, which occasioneth the not sending as yet the Moneys for entertaining the Horse, which if the sale of Land can procure, shall be quickly remedied.

In August following there was an Assembly, to which the King sent the Earl of Dunfermline Commissioner, Dunfermline Commissioner to the General Assembly. with full Assurances of His Ma­jesties Resolution to adhere to what was now settled by Law, and to encourage all good Motions for advancing of Piety and Learning: and it was also recommended to him, as his chief Work, to keep the Assem­bly within their own bounds; that they might not meddle with Eng­land, nor interpose in the Differences betwixt the King and the Two Houses. But this was not to be done, except by Authority backed with Force; for there came a Declaration from the Parliament of Eng­land, which was very welcome to them, and had such a Return as they of England desired. For the Assembly declared Prelacy to be the great Mountain that lay in the way of the advancement of Religion, The Assembly declares a­gainst Episco­pacy in Eng­land, which must first be removed before the Church and Work of God could be established; and nothing the Kings Commissioner said, was able to divert them from this, so irresistible was their Zeal. They also sent a Petition to the Council, desiring them to second their Address to the King, for an Uniformity in Church-Government in all his Dominions; and like­wise desired, that by reason of the Commotions were in England, the Council would call together the Conservatours of the Peace (this was a Court established by the late Parliament, to see to the Preservation of the Articles of the late Treaty with England.) The Council upon this recommended Uniformity in Church-Government, by a Letter to the King, wherein they desired also Warrant to convene the Con­servatours of the Peace: the Assembly wrote also to the King to the same purpose.

[Page 197]The Marquis represented to His Majesty, that their Zeal for this U­niformity was so great, that no Art could hinder them from Petitioning for it; but if they could be preserved from Deeds, Many desire Uniformity in Church-Go­vernment; and that the Conservators of Peace might meet. their big words were to be answered with smooth Language.

But as for the Meeting of the Conservatours of the Peace, he laid out the hazard of it to the King; for if he refused to convene them, it would raise Jealousies in the Peoples minds, and there was ground to fear they would meet of their own accord, if they were not called; which would be an affront to the Kings Authority, and might preci­pitate a Rupture. But on the other hand, there was no small danger in their Sitting, for of that number, some were likelier to disturb than conserve the Peace. To the Letters from the Assembly and Council the King wrote the following Answer.

CHARLES R.

BY your Letter to Vs of the 19 th of this Instant August, We find you concur with Our late General Assembly, The Kings Letter about Uniformity of Church-Government. in their Desire to Vs about Vnity of Religion, and Vniformity of Church-Government in all Our three Kingdoms; which cannot be more earnestly desired by you, than shall be re­ally endeavoured by Vs, in such a way as We in Our Conscience conceive to be best, for the flourishing Estate of the true Protestant Religion. But as for Ioyning with Our Houses of Parliament here in this Work, it were improper for Vs at this time to give any Answer: for since their Meeting they have never made any Proposition to Vs, concerning Vnity of Religion, or Vni­formity of Church-Government: so far are they from desiring any such thing, as we are confident the most considerable Persons, and those who make fairest Pretences to you of this kind, will no sooner embrace a Presbyterial than you an Episcopal. And truely it seems, (notwithstanding whatsoever Profession they have made to the contrary) that nothing hath been less in their minds than Settling of the true Religion, and Reforming such Abuses in the Church-Government, as possibly have crept in, contrary to the establish't Law of the Land: to which we have been so far from being averse, that We have by divers Declarations and Messages pressed them to it, though hi­therto it hath been to small purpose. But when-ever any Proposition shall be made to Vs by them, which We shall conceive may any way advance the Vni­ty of the true Protestant Religion, according to the Word of God, or esta­blish the Church-Government according to the known Laws of this Kingdom, We shall by Our chearful Ioyning with them, let the World see, that nothing can be more acceptable unto Vs, than the furthering and advancing of so good a Work. So we bid you Farewell.

From Nottingham the 26 th of August, 1642.

All in Scotland called for the Conservatours Sitting, and said, that they must be on their guard, The Chancel­lor calls a Meeting of the Conserva­tors of the Peace. when War was like to be on their Bor­ders; whereupon the Council ordered the Chancellour to convene them.

At this time all the Scotish Commissioners returned from London, eve­ry thing that concerned the Treaty being expeded: but the Council thought it necessary to send the Earl of Lindsay, and Sir Iohn Smith, to lie there for Correspondence, of which they gave the King notice. With this His Majesty was highly displeased, for he said, they were ei­ther [Page 198] sent to Treat by vertue of the Commission from the Parliament, in which case they were not a Quorum, or by the Councils Authority: if so, then he asked who warranted them to do that without his Or­der? yet to take away any ground of Heats or Jealousies, he impowered them to go, that they might see to the preserving the Articles of the Treaty. As for the Conservators of the Peace, he gave the Earl of Lowdon Warrant to convene them against the 22 th of September, and sent Mr. Murray of the Bed-Chamber, afterwards Earl of Dysert, with Instructions, Mr. Murray sent to Scot­land, to inform them of all had passed betwixt him and the Two Houses; whose account of the state he found things in, follows in a Letter to my Lord Lanerick.

My much honoured Lord,

who informs about the State of Affairs there.WHen I arrived here, your Brother was in Argyle; but upon know­ledge of my coming, came himself, and brought that Marquis with him to Hamilton, whither the Chancellor went likewise, and there I atten­ded all three.

I found them with the same Affections and Desires your Lordship left in them, but as they conceive, not so able to Act as they were then. They appre­hend, the Parliament of England will be much higher in their Demands than at that time; as understanding now both the Kings Power, and their own, which were then but upon forming, and promised a greater Equality. The Kings two Messages to the Parliament have likewise so discredited His Ma­jesties Affairs in this Country, that they fear many forward enough before, will now unwillingly engage in any way which may displease the Parliament; yet they are resolved to do their best, and I believe say little less in this in­closed Letter, signed by all three.

His Majesty must expect in point of Religion, to be prest for Vniformity in Church-Government; and if His Majesty may be moved to publish some handsome Declaration satisfactory in that point, it would infinitely advance all his Affairs in this Country, and from hence have a powerful influence upon that.

The Parliament hath gained much here by their last Vote, and there is a ve­ry fine Answer expected to their last Message sent by the Lord Maitland, which will extraordinarily confirm the former Correspondence; if the King do not something plausible in the same kind, timeously and unconstrained, the two Kingdoms will shut upon him in despight of what his best Servants can do.

Here is no Order for publishing His Majesties Declarations, and great care taken to the contrary, which occasions great prejudication in the common Peoples minds, and were very fit to be amended.

I am looked upon here with great Iealousie, yet it lessens because they see I am not busie. I am advised by your Brother, and the rest, for avoiding of suspicion to go up to Court, which (having dispatched some particular business I have of my own) I am resolved to do. They have entrusted me with these particular Queries, of which they desire His Majesties Resolution; if your Lordship find opportunity you may acquaint His Majesty with them They de­sire likewise your Lordship may be sent down with a Letter to the Commissi­oners full of Confidence, and allowing them all Freedom in their Consulta­tions. In respect of this great Meeting, your Brother cannot make his Iour­ney to Holland: no Act of that nature being now to be done, their Opinion and Authority not consulted: but I find them all right set in the thing, and truly so respective to the Queens Person, it did my Heart good to hear them. [Page 199] All the Lords Conservators which are with you, will receive Summons: but it is not desired they should come down, and truly I believe their Presence will do more hurt than good.

I must intreat your Lordship to acquaint His Majesty with these Particulars, to receive his further Commands, and convey them to

My Lord,
Your Lordships faithful humble Servant, M. MVRRAY.
Edinburgh, 10 th Sept. 1642.
POSTSCRIPT.

The King must send to New-Castle Directions concerning his Ships, for their Victuals are quite spent; my poor opinion is, they should be sent to Hol­land, where they may be safer, and attend the Queen.

What the Queries mentioned in this Letter were, appears not to the Writer: but for the Letters and Declarations the King sent to Scotland, they are all of one strain; and because the clearest and fullest was sent the next Summer, I shall refer all to that, which shall be set down in its proper place. Only I have here inserted an account of the Kings Affairs with the Two Houses, written by Lanerick to one in Scotland, (whose Name I find not set down but believe it was to Mr. Murray,) and cor­rected with His Majesties Pen in some places.

SIR,

AS you desired me, I moved His Majesty for a Copy of the last Message to the Houses of Parliament, which you will herewith receive. An account o [...] Affairs in England. His Maje­sty hath not as yet had any Answer from them, but we are informed here, His Messengers have been far otherwise received than he expected, (since they were the Carriers of so good a Message:) for the Earl of South-Hampton, a better Poster than the Earl of Dorset came to the House upon Saturday last, and as he was going to take his place, he was called to, to withdraw. He said, he had a Message to deliver them from His Majesty, but received no other Answer than still a Command to withdraw, which at last he obeyed: then they sent the Black Rod to him, requiring him to send the Message to them by him; which he refused, having Commands to deliver the Message him­self to the House. But they again pressed it, yet he still refused; at last they declared, that if any Evil did arise from the not delivering of his Message, they were free of it: whereupon he sent it to them by Mr. Maxwell, to which he received no other Answer, than their absolute Command immediately to remove from Town. The House of Commons were something more favourable to Sir John Culpeper, who after some Debate, was admitted into the House, (though not to his Place) but, as I am in­formed, delivered his Message at the Bar, and thereafter was commanded to withdraw. It was then taken into Consideration, whether or not he should any more be admitted as a Member of that House; which was voted in his favours, so that it is like their Answer will be returned by him: which I hear will on­ly be to let His Majesty know, that so long as his Proclamations are out against the Earl of Essex (and such others their Adherents, of whom they [Page 200] account themselves to be) as Traytors, and the Standard up for raising of Men to suppress them; they account themselves as out of His Majesties Prote­ction, and so incapable to Treat.

By this the World will see, whether His Majesty or they be the occasion of this War, and of all the Blood which is like to be shed in this unfortunate Kingdom. His Majesty hath left no means of Accommodation unessayed, for he hath even descended to make the first Offer of a new Treaty; so careful is He of His Subjects Lives, that for their Safeties, He is even prodigal of His Own Honour: and certainly he hath not a Subject that hath Honour, but will be sensible of the Extremities he is now reduced into. I wish our Countrymen may take it so to heart, as not to neglect this occasion of witnessing their Affections to His Majesty, by making some Overtures for such a Treaty, or offer of their Service to Him, (since His Majesty is abso­lutely resolved to send no more Messages) as may be most for His Majesties Honour, and Peace of His Kingdoms: which if they shall refuse or despise, I hope we will not then forget, that it is our King that is reduced to this necessity, and that we will never look on unconcerned where he is so deeply engaged. I hope you will pardon the Trouble I give you in reading this long ill-written Letter; for had I not been Commanded to it, by a Power which God willing I shall never disobey, it had not been hazarded on by

Your most humble Servant, LANERICK.
Nottingham, the last of August 1642.

The Marquis took all the pains imaginable on Argyle and Lowdon, to perswade them to a cordial owning of the Kings Service, Much pains taken to en­gage Scotland to the Kings Service. as the only way to give Scotland a lasting Interest in the Kings Affection, which also would make them famous all the World over. And since the Sco­tish Troubles had involved the King in all His difficulties, it was just they should study to extricate him: and for the pretence of Religion, with which the English were cajoling our Scotish Clergy, he said he was to be pardoned, if he presumed to know them better than they could, assuring them that Religion was only pretended by them. He took al­so a great deal of pains in many others, to prepare them against the day in which the Conservatours were to meet; to which Lanerick came with the following Letter from His Majesty.

Right trusty, &c.

The Kings Let­ter to the Con­servatours of the Peace.HAving been informed that upon Petition of the Commissioners from Our late General Assembly, Our Council thought fit, that you should meet for discharging of that Trust imposed on you by Vs, and Our Parliament, whereby all fair means may be used to prevent such Troubles and Divisions, as may interrupt or endanger the common Peace of Our Kingdom. And as it ought to be the continual study of all Good and Pious Princes, to preserve their Pe­ople, so certainly it is the Duty of all Loyal and Faithful Subjects, to maintain the Greatness, and Iust Authority of their Princes; so that without this reci­procal Endeavour, there can be no Happiness for the Prince, nor Security for the People. We are sure, Our late Actions in Scotland, will to all posterity be an acceptable witness of Our Care, in preserving the Liberty of those Our Subjects, and Our Desire to settle perfect Peace in that Our Kingdom. And We are also confident, that the many good Acts We have past here since the Sit­ting [Page 201] of this Parliament, (indeed denying none but such as denyed Vs any Power at all, and were never so much as demanded from any of Our Prede­cessors) will bear the like Testimony of Our Affection to the Good and Peace of this Kingdom, though the success hath not been alike. For though We have used Our best Endeavours, to prevent the present Distractions and threatning Dangers: yet so prevalent have been the opposers of Vs, and the Peace of Our Kingdoms, that not so much as a Treaty can be obtained, (though by Our se­veral Messages We have descended to demand and press it) unless upon such Conditions, as would either by taking all Power of Government from Vs, make Vs as nothing; or by forcing Vs to quit the Protection of such, as for obeying Vs (according to Law and their Oath of Allegiance) they would have Traytors, and so make Vs do an Act unworthy of a King. Yet so desirous We are to save Our Subjects Blood, (which cannot but be prodigally spent, if We be necessitated by force of Arms to decide these unhappy Differences) that no sooner any such Treaty shall be offered unto Vs by them, (which with Ho­nour and Safety We can receive) but We shall chearfully embrace it. This We have thought fit to acquaint you with, that from Our Selves, you may know Our love to Peace, and We doubt not but your Meeting at this time will produce something which will witness your tender respect to Our Honour and Safety; and so much We do confide in your Affections, as We shall absolutely leave the ways and means of expressing it to your selves. So We bid you heartily farewell.

From Our Court at Stafford, the 18 th of September.

This so far prevailed with them at their first Meeting, The Conserva­tours incline to serve the King, that all things went very fairly; so that they sent a Return to the Kings Letters, with­out making any Judgement on the Differences betwixt Him and the Parliament. They also resolved to Mediate betwixt the King and the Two Houses, and for that end, designed to send the Marquis to Holland, with an Invitation from Scotland to Her Majesty, for her Return to me­diate a Peace betwixt the King and Parliament. and to invite the Queen: And the Marquis got a Paper signed, by almost all the Lords, not only those who were the best-affected, but by Lowdon, Arg [...]le, Waristoun, Mr. Alexander Hender­son, and the other Leaders of the Party, containing an Invitation for Her Majesty, to come to Scotland, with assurance of Security for Her Person, and the free exercise of Her Religion for Her Self and Fami­ly, (so that no others were admitted to share in it;) and that they should concur with Her Majesty, in mediating a Peace betwixt the King and the Two Houses, which if it were rejected by the Two Houses they obliged themselves to engage for the King against them. This was car­ried with great Address, and managed so prudently, that wise men cal­led it the Master-peece of the Marquis his Life. Lanerick carried it to the King, to receive His Pleasure about it, a Note whereof follows, writ­ten by Lanerick in general Terms.

DIvers of the most considerable of the Nobility of Scotland, and send Lan [...] ­rick to the King. have (by the Earl of Lanerick) humbly offered unto His Majesty their sense of the present Differences betwixt Him and His Parliament of England, which they conceive will hardly be reconciled so long as Her Majesty is at so great a distance; and therefore are perswaded, it would conduce much for Settling these Distractions, if Her Majesty might be moved to return and mediate in so good a Work: for which end the Marquis of Hamilton (if His Majesty think [Page 202] fit, and conceive it may be acceptable to Her Majesty) will be ready to go to Holland, humbly to invite Her Majesty hereunto, in Name of this whole Kingdom of Scotland, who will as dutiful and faithful Subjects, humbly joyn their Endeavours and Mediation with Her Majesty, that His Majesty may have Honour and Contentment, and His People Happiness and Security under His Royal Government.

But the King was jealous of them.The King at first welcomed this Proposition with a great deal of Joy, but upon other grounds, he thought not fit to listen to it; for his Affe­ction to the Queen made him fear the hazard of Her Person so much, that this Proposition was not entertained, which the Marquis often re­grated as a Loss which could never be recovered: for this raised Jea­lousies in the minds of the Scotish Lords, as if the King had no Confi­dence in them, which was cherished sufficiently by divers Male-contents, upon which the Marquis despaired of getting any good done in Scotland. All he judged possible thereafter, was to prevent, and provide against the Evil he feared, and that he prosecuted with all the Zeal he was master of; which His Majesty understanding by Mr. Mungo Murray Cupbearer, wrote him what follows.

Hamilton,

YOur Letter and this Bearer hath so fully satisfied me, (that I cannot be more confident in any thing than that you will (beside what you have) deserve that mark of Favour I intend you. You know me too well to have more words spent upon you; only this, I think unfit to trust particulars to Paper, having so trus [...]y a Messen­ger, whom I stayed this long, expecting dayly a Battel: but now I think the Rebels want either Courage or Strength to fight, before they be forced. So referring you to my Servant Mungo, I rest

Your most assured constant Friend, CHARLES R.
Wollerhampton, the 27 th Octob. 1642.

The next Meeting of the Conservatours was on the 24 th of Novem­ber, The Conserva­tours become worse affected. where their strain seemed much altered to the worse; yet they still resolved to interpose in a Mediation betwixt the King and the Parlia­ment of England: whereupon they wrote both to the King and the Two Houses, for a Safe-conduct to such as they should send up.

At this time there were great Complaints of some encroachments made upon the Priviledges the Scotish Nation had enjoyed in France: The Earl of Louthian is sent to France. for Re­dress whereof the Council thought it necessary to send one to France, and made choice of the Earl of Louthian; and sent him first to the King, with the Instructions they had given him, that His Majesty might send him as His Minister, to negotiate that Affair. One of the Instructions, was to get the Marquis put in possession of the Honour and Revenue of Chastle-herault.

Upon the Earl of Lowthian's coming to Court, the Instructions he had from Scotland were called for by His Majesty; who judged he had no reason to allow this Precedent of His Subjects instructing His Agents to Foreign Courts, and these are yet extant among Lanerick's Papers. [Page 203] But the King caused write them over in his Name, so that there was no ground from this, to charge any thing on the Marquis, as tampering with Foreign Princes, which was publickly done by his Enemies on this occasion; it having been ordinarily recommended by King Iames to all the Ministers he sent from Scotland to France. Neither was this done without the Kings particular Knowledge and Orders; for besides that the King gave that Instruction with the rest, he very seriously recom­mended it by word of mouth to Lowthian's Care, as he informed the Writer.

After this the Marquis represented to the King, that it were fit he should send down some person of Quality to give fresh Assurances and Hopes, before they sent up their Commissioners: Lanerick is sent back to Scotland. whereupon the King sent down the Earl of Lanerick, as the person who understood his thoughts best, and was ablest to second his Brother in advancing his Service. He came from Oxford in the beginning of December, and brought the following Letter from the King to his Brother.

Hamilton,

THough the Trust of this Bearer needs not a Credential Let­ter, An extraordi­nary Letter of the Kings. yet the Civility of a Friend cannot but under his hand, as well as by word of mouth, express his Kindness, and resentment of Courtesies; which of late have been such, that you have given me just cause to give you better Thanks, than I will offer at in in words. I shall not neglect the lazie use of so trusty a Bearer, by referring to him, not only the estate of my Affairs here, but like­wise in what way you will be of most use to Me: yet I cannot but tell you, I have set up my rest upon the Iustice of my Cause, being resol­ved, that no extremity or misfortune shall make me yield; for I will be either a Glorious King, or a Patient Martyr, and as yet not being the first, nor at this present apprehending the other, I think it now no unfit time, to express this my Resolution unto you. One thing more, (which but for the Messenger were too much trust to Paper) the sailing to one Friend hath indeed gone very near me; wherefore I am resolved, that no Consideration whatsoever shall ever make me doe the like. Vpon this Ground I am certain, that God hath either so totally forgiven me, that he will still bless this Good Cause in my Hands; or that all my Punishment shall be in this World, which without performing what I have resolved, I cannot flatter my self will end here. This accustomed Freedom will (I am confident) add chearfulness to your honest Resolutions, seeing beside Generosity, to which I pretend a little, my Conscience will make me stick to my Friends, assuring you, I have none if I am not

Your most assured constant Friend, CHARLES R.
Oxford, 2 d Decemb. 1642.

[Page 204]This excellent Letter will both shew, what pious Resentments His Majesty carried along with him in the greatest perplexities of his Affairs, and discover how he did not think that the Marquis had either negle­cted or abused his Trust. Lanerick acted with more briskness, and spoke more home and roundly than his Brother, which preserved him in a high degree from the Jealousies, which the smoothness of his carriage brought upon him. Now the Pulpits were not idle, for the Ministers begun again to work on the People, The Ministers perswade the People to Arms. for the Defence of the Good Cause now in hazard, which was ecchoed back with the applause of the Vulgar.

The Marquis and Argyle at enmity.At this time the Marquis his Friendship with Argyle grew to a Cold­ness, which after a few moneths turned into an Enmity; for he finding Argyle so backward in all motions for the Kings Service, and that he could not be prevailed upon to continue in a Neutrality in the English quarrel, broke with him.

There was then in Scotland one Pickering, an Agent from England, who studied to poyson all with Misinformations of the Kings Proceed­ings and Designs. The Marquis is complained of England as the Incendia­ry. He wrote to Mr. Pym, that he found good inclina­tions with all in Scotland, to own their Quarrel, and declare for them; only the Marquis with his Friends resisted it so powerfully, that till he were laid aside, the success of his Negotiation was to be feared. Wherefore he advised to proceed against him roundly, and either to summon him to the House of Peers, or to send down a Warrant to pur­sue him in Scotland as the Incendiary betwixt the two Kingdoms: and he sent threatnings of this to the Marquis; but he found his firmness to the Kings Service was proof against all Attempts, and he could nei­ther be caressed, nor cudgelled out of it. Most of Pickering's Letters, both to Pym and Clotworthy, were intercepted, from which I draw these Accounts.

About the 20 th of December there was a Council-day, (a particular account whereof I shall give, Great debates in the Council about the Kings Decla­ration. as I have it from a Copy of a Letter writ­ten to London) in which the Chancellour presented to the Council a Letter from my Lord Lindsay (then at London) with the Declaration of the Parliament. But though the Lords of that Party knew nothing of this, yet by private Letters Lanerick had some conjectures of it be­forehand. After the Parliaments Paper was twice read, Lowdon resu­med it fully, and assoon as he had done with that, Lanerick delivered another Letter from the King, with as large a Declaration within it: and after it was twice read, Lanerick bade the Chancellour resume it, as faithfully as he had done the former; which accordingly he did. The first thing the Marquis thought best to move, as that of the least Im­portance, which yet would discover how the Council was inclined was the Publishing the Kings Declaration. The Lord Balmerino said, the Parli­ament desired not theirs to be published, so it were Officiousness to do it; but that it were Injustice to publish the one without the other. The Marquis asked, was that because we owed as much to the Parliament of England, as to the King? Lanerick added, he had a Command from the King for it. Argyle answered, they sate there to good purpose, if e­very Message to them was a Command; and they two let fly at one a­nother for a while with much eagerness. But the Marquis and Balme­rino took the debate off their hands, and managed it more calmly. The Marquis said, the Vote was to be stated, Obey or Not obey: the other [Page 205] answered, that was the Bishops way of proceeding, to procure Orders from the King without Advice, and then charge all who offered bet­ter Counsel with Disobedience. The Marquis said, to what did they mean to reduce the Kings Authority, if he might not set out Declarati­ons, for removing the Aspersions were cast on his Person and Govern­ment? or would they speak plainly, were they afraid that his Subjects might have too good an opinion of him, if they heard himself? There appeared a variety of Opinions before it was put to the Vote, some were for Printing both, some were for Printing neither, some for Prin­ting the Kings and not the Parliaments; and one had a singular Opini­on, for Printing the Parliaments, and not the Kings. There were one and twenty Councellours present, and it being put to the Vote, Print or not Print, there were eleven who voted I, I, I, and nine voted No, No, No. This being carried that the Kings Declaration, and not the Parli­ments should be Printed, the Marquis moved next, that the matter of these Declarations might be considered. But the Lord Balmerino said, the Parliament of England was long in contriving their Paper; and the King, and those about him, had been no doubt, as long in forming the other; and if we shall fall upon a few hours Consideration, to give our sense of them, we were pretty fellows in faith, which he twice repeated. This rude Raillery touched the Marquis in the quick, because he con­ceived these words were not so much a reflexion upon himself, as on the King, who (on another great occasion) had used the same expre­ssion. However they had sate and debated long, so they gave it over for that day. This is set down more particularly, because it was the first instance that these two Parties fell visibly asunder: and henceforth they continued stated in two Factions. But because I love not to name persons upon invidious occasions, henceforth all the other Faction shall be designed by the General term of the Church-party, (others calling them Argyl's Party) and the other the Hamilton-party. However the Declaration was printed, which drew a large share of Censure and Ha­tred on the two Brothers; but the King was so well pleased with their Behaviour, that he wrote the Marquis the following Letter.

Hamilton,

YOu know I am ill at words: I think it were best for me to say to you (as Mr. Major did) you know my mind, and indeed I know none of my Subjects, that knows it better; and having for the present little else to give my Servants but thanks, I hold it a particular Misfortune that I can do it no better, there­fore this must suffice. I see you are as good as your word, and you shall find me as good in mine, of being

Your most assured constant Friend, CHARLES R..
Oxford, December 29 th 1642.
[Page 206] POSTSCRIPT.

You cannot take to your self, nor express to your Brother, better thanks than I mean to you both, for the Service you did me the last Council-day.

Anno 1643.

THe next Year begun with Petitions, which were brought from di­vers Shires and Presbyteries, complaining of their Publishing the late Declaration; but the Conservatours of Peace (who were for the most part of the Church-party) made this up the best way they could; Most are incli­ned to joyn with the Two Houses against the King. for first, they declared a Publication was not an Approbation; next, they appointed the Parliaments Declaration to be also Published. At this time the Marquis and Traquair renewed their old Friendship: and seeing these Petitions coming in so fast, which did clearly insinuate desires of engaging in the Parliaments Quarrel, he with his Brother's and Traquair's advice, contrived a Cross Petition to be offered to the Lords of Council. And as the Motion of it came first from him, so the first draught of it was from his Pen, of which I find an account un­der Lanerick's hand: so little reason there was to charge him with Jug­gling in that matter; though it was not fit, he should have owned it, lest upon that account the Church-party might either have accused him as a Plotter, or at least cast him from Sitting and Judging in it. The Pe­tition follows.

May it please your Lordships,

The Cross Petition.THat whereas His Majesty, with Advice of his Great Council the E­states of Parliament, hath been pleased to select your Lordships to be His Councellours, and hath, by an Act of the late Parliament, committed to your Lordships the Administration and Government of this Kingdom, in all Affairs concerning the Good, Peace, and Happiness thereof; and in regard of that great Trust reposed by His Majesty, and the Estates of Parliament in you, your Lordships have been and will continue so careful to acquit your selves of that weighty Charge, as you may be answerable for all your Actions and Pro­ceedings to His Majesty, and the Estates of Parliament, to whom (as we conceive) you are and can only be accomptable: And now we being informed of a Petition presented by some Noblemen, Gentlemen and others, to the Com­missioners, for conserving the Articles of the late Treaty, upon pretext of your Lordships not Sitting at that time, wherein it is represented, that your Lord­ships late Warrant for Printing His Majesties Letter hath occasioned great Grief and heavy Regrate, of all who tender the Glory of God, His Majesties Honour, and procuring Vnity of Religion, and Vniformity in Church-Go­vernment, the continuance of Peace, and Vnion betwixt the two Kingdoms, and fearing if at this time, we should be silent, your Lordships should conceive us, and the rest of the Kingdom, to be involved with them in the like Desires, Iudgements and Opinions, and lest by our silence our Gracious Soveraign the Kings Majesty should believe us wanting in the Duty and Allegiance, which [Page 207] by so many Tyes and Obligations we owe to Him, our Native King, or that our Brethren of England should apprehend the least Intention, [...]r Desire in us, to infringe, or any ways to encroach upon the Brotherly Vnion of the two King­doms, so happily united under one Head; We presume in all Humility to clear our selves, and our Intentions to your Lordships, and to all the World, and therewith, to represent our humble Wishes and Desires, for Establishing His Majesties Royal Authority, and continuing that happy Vnion betwixt the two Kingdoms, which can never truely be conceived to be intended to weaken the Head, whereby it is knit together, and without which it can have no sub­sistence.

The happy Vnion of the two Kingdoms under one Head, our King, doth so much add to His Majesties Greatness, and Strength of both Kingdoms, that we British Subjects cannot choose but wish that the said Brotherly Vnion be heartily entertained, and cherished by all fair and reasonable means, to which we conceive no one thing will so much conduce, as that the late Articles of the Treaty of Peace, and Conclusions taken thereupon about Vnity of Reli­gion, may be carefully and timeously prosecuted: wherein as our Commissioners then, so we now without presuming or usurping to prescribe Rules, or Laws of Reformation to our Neighbour-kingdom (Civil Liberty and Conscience being so tender that it cannot endure to be touched, but by such as they are wedded to, and have lawful Authority over them) notwithstanding, seeing the duty of Charity doth oblige all Christians to pray and profess their Desires, that all were of the same Religion with themselves, and since we all acknowledge that Re­ligion is the base and foundation of Kingdoms, and the strongest Bond to knit the Subjects to their Princes in true Loyalty, and to knit their Hearts one to another in true Vnity, we cannot but heartily wish, that this work of Vnion so happily begun, may be crowned and strengthened by the Vnity of Church-Government; and that your Lordships with us may be pleased to repre­sent it to His Majesty, and Both Houses of Parliament, as an expression and Testimony of our Affections to the good of our Brethren in England, and of our Desires to make firm and stable our Brotherly Vnion by the strong chain and Bulwark of Religion: but, as we have said, no ways intending thereby to pass our bounds, in prescribing, and setting down Rules and Limits to His Majesty, and the Two Houses of Parliament, their Wisdom and Authority, in the way of prosecution thereof. The sense we have of the great Calamities, and irreparable Evils, which upon occasion of these unhappy Distractions and Mistakes betwixt the Kings Majesty and the Two Houses of England, (which if not speedily removed cannot but produce the fearful and prodigious effects of a bloody and Civil War) obligeth us in the duty of Christians, and as feeling members of what may concern our Common Head, the Kings Majesty, and the Good and Happiness of our Brethren of England, humbly to represent to your Lordships, That as we will not be wanting with our Prayers, and our faithful and best Endeavours, to assist in the removing of these unhappy Mistakes and Misunderstandings: so we heartily wish, and humbly Petition your Lord­ships, that from the deepness of your Wisdom such happy Motions may flow, as upon that tender care of our Soveraigns Person and Authority, Peace and Truth may be settled in all His Majesties Dominions. Although we will not presume nor take upon us, to prescribe Laws and Rules to your Lordships, yet in all Humility we intreat your permission, to represent such Particulars as we conceive, and are very confident, will conduce much to the removing of all [...]hese Mistakes betwixt His Majesty and His Two Houses of Parliament, and be a ready mean to facilitate a happy and wished Peace, and continue the Bro­therly Vnion between the Two Kingdoms.

[Page 208]And first, that in answering the foresaid Petition your Lordships may be pleased to do no Act, which may give His Majesty just occasion to repent him of what Trust he so Graciously expressed (in his Letter of the Date the fifth of December) He reposes in us His Subjects of His Ancient and Native King­dom; for we cannot think, that our Brethren in England, or any other, can believe, that the ground of this Mutual Vnion of the two Kingdoms, by the several and respective Vnions to our Prince and Head, should weaken the strong Bond, whereby it is knit, and by which we are so firmly tied, by so many Ages, and unparalelled lineal descents of an hundred and seven Kings. Neither can we suppose, that any good Protestant, or true member of our Church, can imagine, far less seduce others to believe, that by the late Treaty of Peace, or Act of Vnion, we as Scotish Subjects are in any sort liberated from the Dutiful Obedience, which as Scotishmen we owe to our Scotish King, or from that due Loyalty, which as Scotish Subjects we owe to our Native Sove­raign, for Maintenance of His Person, Greatness and Authority; or that there­by, we are in any other Condition in these necessary Duties to our Soveraign, than we and our Ancestors were, and have been, these many Ages and De­scents, before the making of the said Act, or before the Swearing and Subscri­bing of our late Covenant, by which we have solemnly sworn, and do swear not only our mutual Concurrence, and Assistance for the cause of Religion, and to the utmost of our power, with our Means and Lives, to stand to the Defence of our Dread Soveraign His Person and Authori­ty, in the preservation of Religion, Liberty, and Laws, of this Church and Kingdom; but also in every Cause, which may concern His Maje­sties Honour, we shall according to the Laws of this Kingdom, and Du­ty of Subjects, concur with our Friends and Followers in quiet manner, or in Arms, as we shall be required of His Majesty, or His Councel, or any having His Authority.

Secondly, That if your Lordships think it fitting, to make any answer to the Parliament of England their Declaration, your Lordships may be pleased not to declare, enact, or promise, any thing which may trouble or molest the Peace of this Kirk and Kingdom; which by God's special Grace, and His Majesties Favour and Goodness, we enjoy and have established unto us accor­ding to our Hearts desire, by the Laws Ecclesiastical or Civil of this King­dom respectivè, and which His Majesty since, by so many Declarations and deep Protestations hath Sworn to maintain inviolably.

Thirdly, That your Lordships may be pleased to consider, that as nothing will more diminish His Majesties Greatness, than that this Kingdom should consume in Civil War; so nothing will more conduce to the Suppressing of in­solent Papists, malignant, schismatick, and Disloyal Brownists, and Separa­tists, the special, if not the sole promovers of these unhappy Misunderstand­ings, than that heartily and freely, without respect of worldly and secondary Considerations, we give to Christ what is Christ's, and to Caesar what is Cae­sar's; by means whereof, the Truth and Purity of Religion shall be establish­ed, to the utter Confusion of all these Sectaries, true Monarchical Government firmly setled; by which likewise, Laws and Authority shall retain their anci­ent vigour and force, to the Suppression of all Commotions and tumultuous Conventions, the bane and overthrow of all true Religion and Policy.

Fourthly, Although there be nothing farther from our minds, than to pre­sume to question, or crave of your Lordships an account of your Actions, know­ing perfectly by the inviolable Laws and Customes of this Kingdome, that to be only proper and due to the King and Parliament, from whence you have [Page 209] that great Charge and Trust delivered unto you: yet we hope your Lordships will give us leave, in all Humility to remember your Lordships of your Deliverance June 1642. and are confident, that the said Lords, the Petitioners, neither have, nor shall have, necessity to trouble themselves, nor the Council with Sup­plications of this kind, and that your Lordships in your Wisdom will take some Course for preventing all occasions, which may in any sort disturb the Peace of this Kingdom, or make Division among the Subjects thereof.

This Petition was signed by a great many Noblemen, and Gentlemen; Many sign it. but though they took much pains to get Ministers to concur in it, yet none of them could be drawn to it. This Petition was presented with many hands at it to the Council; and it was observed, that as it was written by a trusty Friend of the Marquis's; so also all his Friends sign­ed it, which made the Author suspected, and did shew that his Friends adhered (hitherto) to their Duty, and his Example. All the Answer the Councellors returned to it, was, that they should be careful to pro­ceed as they should be answerable: All the Mini­sters condemn it. But the Preachers threatned Dam­nation to all the Authors and Subscribers of it, and detestable Neutrali­ty became the Head on which they spent their Eloquence. The Com­mission of the General Assembly passed a severe Censure on the Cross Petition, in a Remonstrance they gave in against it, which was answer­ed by a Counter-remonstrance. Upon these cross tides of Petitions, that were offered to the Council, the Conservatours of the Peace resol­ved to send some Commissioners to London, Commission­ers sent to Treat betwixt the King and the Two Hou­ses. to Mediate betwixt the King and the Two Houses, and endeavour chiefly the Uniformity of Church-Government; for which end the Commission of the Kirk was also to send their Commissioners, to second them in it: and no resistance could be made to this, that was able to obstruct it. They also moved, that the King should be desired to call a Parliament in Scotland. The Mar­quis and his Friends opposed this vigorously, not that he was against a Parliament, but judged the Motion unseasonable; and thought the Time prefixed at the last Parliament, for the next, to wit, after three years, needed not be anticipated. It was also put in their Instructions to their Commissioners, to press the King to put all Papists from his Per­son. The Marquis and his Friends also opposed this, not upon the ac­count of the thing it self, but because it seemed to cast a Scandal upon the King, as if his Religion were to be suspected. But the Church-party was strongest in this Meeting of the Conservatours, and so carried every thing in it. The Safe-conducts being come, they named their Commissioners, the Chancellour being the chief of them; and though Lanerick in the Kings Name excepted against the Lord Waristoun, and produced the Kings Warrant for it; yet they named him, but were so wise as not to send him. They were also so discreet, that they appoint­ed the Commissioners to go first to the King. Things being thus de­termined, Lanerick took the start of them; but they were at Court be­fore him, he being detained by a Garrison of the Parliaments for some days.

In the end of February he came to Oxford, Lanerick goes to Court, and discovers the inclination of the Church-party. where he gave the King an account of the present state of the Scotish Affairs, and that it was the Advice of His Majesties truest Friends in Scotland, that he should enter­tain the Commissioners with the best words he could give them, but should not by any means suffer them to go to London; since there were [Page 210] great grounds to fear, they would engage too deep in the Quarrel if they went thither. This Advice agreed so with the Kings Inclinations, that it could meet no resistance in his thoughts. When the Commissioners arrived they delivered their Message; but the King repeated what was formerly told them, That Scotland and England had different Laws and Interests, and therefore it was to give the one Kingdom too great an advan­tage over the other, to suffer them to come and be Vmpires in the present Differences. They pressed their Desires as warmly as they could, but all was in vain, for the King would by no means suffer them to go to London; and in particular he told the Earl of Lowdon, what grounds He had to believe they designed to raise an Army for the Parliaments Quarrel, and that some of his fellow-Commissioners would prove Incen­diaries rather than Mediators. But Lowdon with great Protestations deni­ed that they designed to raise Arms; and said to the King, These were but the Misrepresentations, with which the Marquis and his Brother abused His Majesty. As for the Calling a Parliament, the King said he saw no reason for it, and therefore would not anticipate the Day that was alrea­dy prefixed for it. But to the Commissioners from the Assembly, the King gave the following Answer; which I set down in his own Words, having it written all with His Majesties own Hand.

HIs Majesty commends the Zeal of the Petitioners for the ad­vancement of the true Reformed Religion, against Heresy, Po­pery▪ Sects, Innovations, and Profanity, and always shall use His best and uttermost endeavours, for Advancing the one, and the utter Suppressing the rest.

For the Vnity in Kirk-Government, His Majesty knows, that the Government now established by the Laws, hath so near a rela­tion and intermixture with the Civil State, (which may be un­known to the Petitioners) that till a composed digested Form be presented to him, upon a free debate by Both Houses of Parliament, whereby the Consent and Approbation of the whole Kingdom may be had, and He and all His Subjects may discern what is to be left, or brought in, as well as what taken away, He knows not how to consent to an Alteration, otherwise than to such an Act for t [...]e ease of Tender Consciences, in the matter of Ceremonies, as His Majesty hath often offered.

And His Majesty hath formerly expressed Himself (and still con­tinues) willing, that the Debates of Religion may be entred into by a Synod of Learned and Godly Divines, to be regularly c [...]osen, according to the Laws and Customs of this Kingdom; to which end His Majesty will be very willing, that some Learned Divines of the Kirk of Scotland may be likewise sent to be present, and offer their Reasons and Opinions.

[Page 211]This was the Success of that Negotiation; but because the Reader may wonder how Lowdon, and the Marquis came to be in such terms, I shall set down the occasion of their Breach.

When Lowdon was to go up, the Marquis resolved on a Course that should either stop his Journey, or make him so obnoxious to the King, that he should not dare to act contrary to his Duty; which was this. Lowdon had purchased from the King a Right to the Annuities of the Tythes, that was confirmed to His Majesty by Act of Parliament, whereupon the Marquis caused the following Petition to be drawn by Traquair's Advice.

To the Kings most Excellent Majesty, the Humble Petition of the Noblemen, Barons, and Gen­tlemen, occasionally met at Edinburgh.

Humbly Sheweth, THat whereas Your Majesty at Your late being in Scotland, being humbly moved to disburden and liberate the Subjects of this Kingdom of the Annuity due to Your Majesty out of the Tythes, The Petition against the Annuities. were pleased in that only Par­ticular to delay to give us our Hearts desire, and now out of the sense of the great Burdens that lye on us, and in Confidence of the Continuance of Your Majesties Fatherly Care of the Good of Your Subjects, we presume humbly to supplicate Your Majesty, to be Graciously pleased in this Particular to dispense with Your Own Benefit: or at least, till Your Majesty be informed of the true state thereof, to discharge Execution against us for the said Annuities. And for Your Majesties incomparable Goodness and Gracious Favours, we shall, as in duty bound, behave our selves in every thing as becometh Loyal and Faith­ful Subjects. As we have unanimously endeavoured, so shall we still continue to return such thank [...]ul Acknowledgment, as may give to Your Majesty a real Testimony of our zealous Affections to Your Majesties Sacred Person, Honour, and Greatness, derived upon Your Majesty by so many unparalelled Descents, and as Your Majesty may expect, and justly challenge from the Allegiance of us Your Majesties most obedient and obliged Subjects.

16 th February 1643.

The last words of this Petition were by the first draught so concei­ved, as would have amounted to a Bond of Mutual Defence and Adhe­rence, which the Marquis thought might draw on a Rupture, and occa­sion a pursute as against Plotters; therefore, since this Paper was to be avowed and publick, he judged such Expressions as were smooth and general were fittest for their Design.

This Petition was signed by him, and a great many of the Nobility: he also sent it up and down, all the places where he or his Friends had Interest, to get Subscriptions to it. This was generally lookt upon as a well-couched Bond, both by such as took it, and those who refused it; and yet this smoothing of the Expressions of it, was represented by the Marquis's Enemies, as done in prejudice to the Kings Service. These Petitions were sent immediately to the King; upon which great [Page 212] Complaints were made, as if by these immediate Addresses, the Judica­tories of Scotland had been neglected: but the King justified that part of it in an Answer he wrote to the Council; and for the thing it self, he resolved to keep Lowdon under the fear of it, and therefore delayed to make any Answer.

In the end of February Her Majesty landed at Burlingtown, whither the Earl of Montrose went to represent to Her the hazard of a new Re­bellion in Scotland, The Queen lands in Eng­land, and Mon­trose waits on Her, and of­fers his Ser­vice. and that the only way to prevent it, was to take the start of them before they were ready; and with a great deal of for­wardness offered his Service in that Design, adding, that he had great Assurances of a considerable Party, who he knew would own the Kings Quarrel: but he did not condescend on the particular way of prosecu­ting it, so that the Queen was not satisfied of his being able to effectuate what he undertook. Mean-while the Marquis hearing of Her Majesties Landing, went to wait on Her, to whom She proposed the Earl of Montrose's Offer; but he studied by all means to divert Her from listning to it, upon the following Grounds.

The King had settled a Treaty with Scotland, The Marquis goe [...] to Her, and dis [...]wades the precipita­ting a Rupture with Scotland. and till that were vio­lated on their part, he knew His Majesty would never consent to a Ru­pture on his part: and the King had so often and so lately, in his Let­ters and Declarations, protested, he was resolved unalterably to adhere to the late Settlement; that if he should now authorize the first Breach, it would bring an indelible stain upon his Honour, and create a perpetual Dif [...]idence in his Subjects of all his Concessions and Assurances. He conf [...]ssed he had great Fears of Scotland, and therefore would undertake for nothing but his own Faithfulness, and Diligence; yet he hoped to get things kept in Agitation all that Summer, so that for that Year there should not be a Scotish Army in England. But that was the utmost of his Hopes; yet it was much fitter to spin out things as long as could be, than to precipitate them by an over-hasty Rupture: besides, he could not see, how any Hopes could be conceived from that design of Force. There was never a Castle nor Strength in Scotland in the Kings Power, to which they might retire. The Vulgar were still at the Ministers de­votion, and by late and fresh experience they saw them all as one man resolved to die in the Defence of the Covenant; and any handful of Gentry could be gathered together, would signifie nothing, but to ex­pose their own Throats to their Enemies Rage, and the Kings Authori­ty to their Hatred and Scorn: so there remained no hopes but in the Highland-men, which he accounted as good as none. Their two chief Heads where the Marquis [...]es of Huntley and Argyle; the former was not to be much rested on, being unable to do what so brisk an Under­taking required, and they knew well what to expect from the other. Besides, any Companies could be brought down from the High-lands, might do well enough for a while; but no Order could be expected from them, for assoon as they were loaded with Plunder and Spoil, they would run away home to their Lurking-holes, and desert those who had trusted to them. And after all this, there was a Scotish Army in Ire­land, which was now well trained and disciplined, consisting of ten thousand men, who were for the most part at the Covenanters devo­tion, and these would be instantly brought over, there being no way to stop their Passage: and it was not to be imagined, that any Body of an Army could be raised in Scotland able to resist that Force. Upon [Page 213] these Reasons it was, that he not only disswaded the Queen from con­senting to a present Breach, but resisted it as long as was possible; yet he undertook for none but himself, of which he put the Queen fre­quently in mind, and the utmost of his expectation was to drive off Matters for that Year. And in this both my Lord Traquair and Mr. Murray concurred with him, and desired the whole Matter might be laid before His Majesty, that his Pleasure might be made known about it; but after a few days waiting on the Queen, the Marquis returned back to Scot­land.

The Scotish Commissioners continued all this while at Oxford, The Commis­sioners at Ox­ford get their last Answer. giving in Papers, and receiving Answers, but advancing nothing; and the last Answer they got from His Majesty the 19 th of April, containing both the Substance of their Papers, and of His Majesties former Answers, will give a clear account of the Grounds on which His Majesty went. The Paper follows.

IT is acknowledged by His Majesty, that if any one of the Articles of Treaty had been broken or violated, (as His Majesty doth not so much as see pretended) or any Debate or Difference had risen thereupon, (about which there is now no Dispute) the Commissioners had then been not only warranted, but obliged to have laboured to prevent all Troubles and Divisions, which might arise by such a Breach to the disturbance of t [...]e Common Peace, and to remove and compose all such Differences, according to such Power as was granted to them: but till His Majesty be satisfied, that Authority (by some Law) is given to the Com­missioners for Conserving the Articles of Treaty, to represent His Majesties Na­tive Kingdom of Scotland, in this Offer of Mediating for a desired and bles­sed Pacification here; His Majesty cannot see how the pious, dutiful, provident or charitable, Concernment of that Kingdom in the Calamities of this, or their Sympathy and sense of the Troubles of their Head, and fellow-Subjects, can in­teress the Commissioners, any more than any other of His good Subjects of that Kingdom, to bestir themselves in Matters of that kind: or why any such Endeavours should be by any (much less universally) expected from them; so far is he from seeing that any undeclinable Necessity constrained them to it. And since the express words of the Act of Pacification it self are, that the Pow­er of the Commission shall be restrained to the Articles of Peace concluded in the Treaty, His Majesty cannot but wonder, whence they can pretend any Obliga­tion or Authority to meddle with, or press him concerning any such Articles, as are not included, but still left dependent, how important soever they suppose them to be, (even to the Common Peace:) And it giving them only liberty to convene to that effect among themselves, or with the Commissioners chosen by His Majesty with consent of the Parliament of England, and restraining them in all their Proceedings to the Power granted to them, in manner afore­said and no otherwise, as clearly intending to restrain all Power that might be pretended to by any Inserences, Analogies or Consequences (how manifest soever they might appear) and requiring them to consist of the number of Twelve, and not giving them Power to delegate a smaller number; His Maje­sty cannot consent, That that number the Laws allow not (that is, Three) should address themselves to those the Law hath not appointed them (this is, Both Hous [...]s) not only concerning that which the Law intrusted not to them, (as a Paci­fication here) but even concerning that from which the Law expresly restrains them, that is, one of the Articles of the Treaty no way concluded, or agreed on, but expresly reserved by the Parliament to be considered in due time, that is, in [Page 214] their own time, concerning Church-Government, the intermixture of which with the Civil State, as His Majesty still conceives to be very great, and of very high Concernment, and not to be understood by the Commissioners, who have not the knowledge of the Laws and Policy of this Kingdom; so His Majesty is confident, (notwithstanding the Declaration, and Bill abo­lishing the Order of Bishops) that if they well knew, how generally any thing of that kind was opposed whilst the Houses continued full, and how the Major part of Both Houses were absent at the passing of that Declaration and Bill, (in so much that His Majesty, is credibly informed, that there were not above five Lords present when the Bill past) and what violent and tumultuous As­semblies had occasioned so great and unusual Absence, they would be confident, as he is, that in a full and peaceable Convention of Parliament, Both Houses will appear to be of the same opinion with His Majesty in this Particular, and to have in that the same thoughts of the Law and Policy of this Kingdom.

His Majesties care that the deluge of the Troubles of this Kingdom affect not that with the danger of the like, is very visible to all the World. His Ma­jesty out of His great desire of continuing t [...]em in Peace and Tranquillity, not desiring any assistance from them, even for His Own Preservation. And who­ever doth desire any Commotion there, to assist their Rebellious and Invasive Armes here, will (He hopes) be lookt upon as the Troublers of Peace, and as Incendiaries labouring to lay foundations of perpetual Hostility betwixt the Two Kingdoms. And then (for ought His Majesty can see) there will be no cause to expect any Commotions there, and such Dangers will rather prove imagina­ry than real, though the Conservatours of the Treaty contain themselves with­in their legal and proper Bounds. His Majesty wonders, that since His appro­bation of their Mediation was desired when His Safe-conduct was asked, and the first was not given, when the latter was, that it should not have been easily seen by these Proceedings of His Majesties, that as He never granted the first, (as seeing no Authority they had for such a Mediation) so He only at last granted the other, as being contented to hear what they could say to Him upon that Point, either as private persons, or to give Him better satisfaction than He could give Himself, what Right they could pretend to any Publick Capacity of that kind: but having heard all they have offered, and not finding any thing that warrants them in this, in any special manner above His Majesties other Subjects, His Majesty cannot with reason admit of any private Persons whatsoever into such a Publick Capacity, nor with His Own Dignity, and that of this Nation, can allow His Subjects of another Kingdom, not authorized by any Law, to make themselves (under the title of a Mediation) Vmpires and Arbitrators of the Differences here.

For the Calling of a Parliament in Scotland, His Majesty desires to know what Promise of His it is, which they mention Him to have particularly ex­pressed to His late Parliament. The Law which His Majesty then Graciously past concerning that Point, His Majesty well remembers, (and will justly, pun­ctually, and religiously observe it, together with all the rest consented to by Him,) that the Parliament there shall convene upon the first Tuesday of June, 1644. And, according to the same Act, will appoint one betwixt this and that Day, if His Majesty shall think fitting; who as He is by that very Law expressed to be sole Iudge of that Convenience, so the Commissioners are neither by that, nor any other Law, entrusted, or enabled to Iudge thereof.

At Oxford, 19 th of April. 1643.

[Page 215]In the beginning of April Reports came to Scotland, that their Com­missioners at Oxford were under Restraint; whereupon the Conserva­tours met, and ordered their speedy Return. The Commissi­oners recalled to Scotland. The Marquis wrote also to the King, that their Return should be by no means stopped, or delay­ed; otherwise he might expect present Disorders in Scotland: but with­all he told him, he apprehended upon their Return, some great Reso­lution would be taken; therefore he desired His Majesty would send down all the Scotish Lords that were about him, who might by their Votes in Judicatories, or by their Interest in the Country, advance the Kings Service in Scotland. He likewise desired His Majesty might divide his Trust in Scotland among those Noble persons, The Marquis adviseth the King to joyn others with him in publick Trust, whose Fidelity he did not suspect, that thereby both himself might be delivered from the odium ▪ and danger of acting alone in such tender Points, and in that ticklish Time; as also for a further Encouragement of those, who were resolved to adhere to His Majesty: and with this he wrote the following Letter to Her Majesty then at York, under whose Address his Letters to the King were to go.

May it please Your Majesty,

THere is as yet small or no Alteration in the Condition of Affairs in the Country, since I presumed to trouble Your Majesty last; and writes to the Queen. nor do I believe there will be any till the fourth of May, at which time it is probable, the fi­nal Resolution of the Council and Commi [...]sioners for Conserving the Articles of the Treaty will be taken. It is still conceived, that His Majesties absent Servants would be of great use at that time; and the uncertain knowledge, if they will come or not, keeps us that are here, from a positive Resolution what Course to take therein; therefore I humbly beseech Your Majesty, let us know if by appearance we may expect them or not.

There is a general noise, as if the Lord Chancellour and the rest of the Com­missioners, were not only kept as Prisoners, but in some further Danger. By Mungo Murray Your Majesty was advertised, that it was conceived fit, that seeing those that sent them had so positively recalled them against the fourth of May, they should be dispatched against that Time. In our opinions there was no Danger now to be apprehended by their Home-coming, but there would arise great Inconveniences if they should be detained: of that same Iudgment we con­tinue to be still.

We do likewise humbly intreat, that we may know, if what was proposed to Your Majesty by my Lord of Traquair, Mr. Murray and my self, be come to His Majesties knowledge: and if we may expect the signification of his Plea­sure against the fourth of May, in these Particulars, which we exceedingly wish.

By the Lord Montgomery Your Majesty will know, how far the General hath promised his best Endeavours, that His Majesty shall receive no prejudice from the Army under his Commandin Ireland; the same he hath confirmed to me with deep Protestations, and truely I take him to be a man of that Honour that he will perform it.

But the Truth is, it will be a Work of great difficulty to keep these Men there any time, seeing there is little appearance that Money will be got from the Parliament of England, and how to raise any considerable Sum here, as yet we see not; so even in this we desire to know Your Majesties Pleasure and Directions, what Course will be fitest to be taken; and if Your [Page 216] Majesty shall find it expedient, that we engage our Fortunes for their Sup­ply, many of us will do it to the last Peny, and none more readily than,

May it please Your Majesty,
the humblest, most faithful, and most obedient, of all Your Majesties Servants, HAMILTON.
Peebles, 21 st April, 1643.

The Commissi­oners are not suffered to go to London, and returned to Scotland.But at Oxford the Commissioners insisted warmly, for a Permission to go to London for Mediating; and His Majesty persisting in his Refu­sal, the Lord Chancellour resolved on making a Protestation, that His Majesty, by not suffering them to go to Westminster, had violated the Safe-conduct. My Lord Lindsay, who was ordered to come from Lon­don, and second the Chancellour in this Negotiation, did all he could to divert him from that Resolution; but the other said, he had positive Orders from Scotland: he was also peekt with the Petition about the Annu­ities, and got a great disgust by a Letter of his Ladies, which not coming under a right Cover had been intercepted, and brought to His Majesty, wherein severe things were said against the Kings Cause and Party; and particularly the Marquis was bitterly enveighed against, for having gi­ven himself up so intirely to the Kings Service, that he designed the Ruin of all who opposed it. The Chancellour came, and made his last Ad­dress to the King, for liberty to enter on a Mediation betwixt Him and the Two Houses: adding, that if that were denyed, he would be con­strained to Protest in the Names of them who sent him, that His Maje­sties Conduct was violated. But the King was not shaken with it, only he took the Chancellour apart, and used many perswasions to divert him from it, and made him great Offers if he would comply with his Desires: for the King apprehended, that it might have precipitated a Breach be­twixt Him and Scotland. But the Chancellour said, he acted by a Trust committed to him, which he must discharge faithfully, and obey the Orders sent him, from those in whose Name he came; and said much to assure the King, there was no design in Scotland to own the Quarrel of the Two Houses against His Majesty, and protested, he should die rather than concur in such Courses. But this did not satisfie His Majesty, whereupon finding the Chancellour could not be wrought upon, his next Attempt was upon Lindsay, to whom he spake with more Freedom, and told him in how great a Strait he was; for it seemed, if he refused to allow their going to Westminster a Breach might follow betwixt him and his Native Kingdom: but on the other hand, he could not permit them to go, both because of the Reasons he had alledged, and the Fears he had of their engaging with the Parliament; and chiefly, that all his Councellours and Officers at Oxford were so far against it, that he heard it was whispered amongst them, that they would all for­sake him if he gave them leave, since they held themselves assured that the Design of their going was to bring an Army from Scotland: wherefore he intreated Lindsay would serve him in that Particular, which he undertook frankly, though he added he had small hopes, since he had already attempted as much as he could with no Success. But as he left His Majesty, he made a Visit in his way to his Lodgings, where he met the Earl of Crawford, who told him plainly, That though the King [Page 217] should consent to their going to London, thither should they never get; for a great many were resolved to lie in their way, and cut them all to pieces ere they were many miles from Oxford. This he confirmed to him with many Oaths, adding, that as the King knew nothing of it, so it would not be in his power to hinder it; and out of kindness to my Lord Lindsay, he advised him not to go, though the Chancellour went. With this Lindsay came to his Lodgings, and shewed the Lord Chancellour the hazard, not only their Lives would be in, but of the irreparable Breach would follow upon it; which being considered by them, it was resolved they should pass from their Desires, and crave the Kings Com­mands for Scotland, since they would not offend him by the importuni­ty of an unacceptable Mediation; which they accordingly did, to His Majesties great satisfaction. And so they took leave, the Chancellour with the other Commissioners going for Scotland; only Lindsay returned to London. Upon this His Majesty sent all the Scotish Lords, then at Court, to Scotland to serve him there, who were the Earls of Morton, Roxburgh, Kinnoul, Annandale, Lanerick, and Carnwath; but before they could be dispatched, he sent Mr. Murray to Scotland with an ac­count of his opinion about the Services his Friends might do him there; who came by York, and brought from the Queen the following Letter to the Marquis, in answer to what he had written to Her Majesty: which (though written in French, as all Her private Letters were, yet) I shall set down, translated in English, that all may run more smoothly.

Cousin,

I Received your Letter with the assurances of the Continuance of your A [...]fection, of which I hold my self secure, and make no doubt to see both the effects of it, and of that which you promised me at your parting, concerning my Lord of Argyle. Will. Murray came yesterday from Oxford: as for News from hence, I refer you to Henry Jermine, who will give you an account of them; I shall only tell you, that the Scotish Lords, who were with the King, are on their way for Scotland, so likewise are the Commissioners that were with the King. You will know from Will. Murray the Kings Answers, to the Propositions which you made me at York. I am ve­ry glad to know by Your Letter, as likewise by what my Lord Mont­gomery hath told me, the Protestations General Lesly makes concerning the Armies in Ireland; and now when all the Kings Ser­vants shall be together, you must think of the means for preserving that Army: for my part I know not what to say farther about it, I am now upon my going to the King, and hope to part hence within ten dayes. If there be any thing that hath occurred of late, I shall be glad to know it, and that you will believe how much I am

Your affectionate Cousin and Friend, HENRIETA MARIA R.

[Page 218]About the beginning of May, Lowdon and the other Commissioners came down, and a day after them came the Earl of Morton, who told the Marquis, They proceed to final Re­solutions in Scotland. that in a few days he should see the Earls of Roxburgh, Kin­noul, and Lanerick, with the Kings Instructions; but by reason of Kin­noul's Infirmity, and Roxburgh's Age, they moved slowly. On the 21 th of May the Iunto of the Church-party moved, that there might be a Joynt-meeting of the Council and Conservatours of the Peace, and Commissioners for Publick Burdens, to consider of the present State of Affairs. The Marquis and Morton resisted this all they could, but they were over-ruled, and so these Judicatories met: to them it was propo­sed, that considering the hazard the Nation was in, by reason of Armies, which were now levying in the North of England, there was a necessity of putting the Kingdom in a posture of Defence, which could not be done without a Convention of Estates or a Parliament; where­fore it was moved, that a Convention of Estates should be presently called. The Marquis argued much against it, shewing that this was to encroach upon the Kings Prerogative in the highest degree, and so would be a direct Breach of the Peace with the King, and against the Laws of the Land; adding, Was this all the Acknowledgment they gave the King for his late Gracious Concessions, for this struck at the root of his Power? In this he was seconded by my Lord Morton, but most vigorously by Sir Thomas Hope the Kings Advocate, who debated against it so fully, from all the Laws and constant Practice of Scotland, that no Answer could be alledged; and indeed discharged his Duty so faithfully, that the Marquis forgave him all former errors for that dayes Service. But it was in vain to argue, where the Resolution was taken on Interest more than Reason; so it was carried, that the Lord Chancel­lour should summon a Convention of Estates against the 22 th of Iune. A Convention of Estates is called.

This Resolution being taken, they gave Advertisement of it to the King in the following Letter, which all who Voted against it refused to sign.

Most Dread Sovereign,

THe extreme necessity of the Army, sent from this Kingdom by Order from Your Majesty and the Parliament here, against the Rebellion in Ireland; the want of means for their necessary Supply, through the not pay­ment of the Arrears and Maintenance due to them by the Parliament of England; the delay of the Payment of the Brotherly Assistance, so necessary for the relief of the Common Burdens of this Kingdom, by reason of the un­happy Distractions in England, and the sense of the danger of Religion, of Your Majesties Royal Person, and of the Common Peace of Your Kingdoms, have moved Your Majesties Privy Council, the Commissioners for conserving the Peace and Common Burdens, to joyn together in a Common Meeting, for acquitting our selves in the Trust committed to us by Your Majesty and the Estates of Parliament; and having found after long Debate, and mature De­liberation, that the Matters before-mentioned are of so Publick Concernment, of so deep Importance, and so great Weight, that they cannot be determined by us, in such a way, and with such hope of Success, as may give satisfacti­on to Your Majesty, serve for the good of this Your Majesties Kingdom, and as may make us answerable to the Trust committed to us by Your Ma­jesties Parliament; We have been constrained to crave the advice and reso­lution of a Convention of the Estates to meet June 22 th, which, as according [Page 219] to the obligation and duty of our Places we are bound to shew Your Majesty, so do we humbly intreat, that against the Time agreed upon by Common Con­sent, Your Majesty may be Graciously pleased to acquaint us with Your Plea­sure and Commandments, that Matters may be so determined, as may most serve for the Honour of God, Your Majesties Service, and Well of Your King­domes; which now is, and ever shall be, the earnest desire and constant en­deavour of

Your Majesties faithful and humble Subjects and Servants,
  • Lowdon Cancellarius,
  • Leven
  • Argyle
  • Cassilis
  • Dalhousy
  • Lauderdale
  • Balmerino
  • Yester
  • Burghley
  • Balcarres
  • Gibson-Dury
  • T. Myrton
  • Tho. Hope
  • A. Johnstoun
  • T. Hepburne
  • J. Hamilton
  • J. Home
  • T. Wauchop
  • T. Raffrerland
  • T. Bruce
  • J. Smith
  • Edward Edgar
  • J. Binny
  • W. Glendoning
  • Hugh Kennedy
  • G. Gourdon
Edinburgh 12 th May 1643.

Three dayes after this came the Lords who were sent down, who being all met, Lanerick delivered the following Instructions from His Majesty.

CHARLES R.
Instructions to Our Right Trusty and Well-beloved Cousins and Councellours, Iames Marquis of Hamilton, William Earl of Glencairn, Robert Earl of Roxburgh, George Earl of Kin­noule, David Earl of Southesk, William Earl of Lanerick. Instructions for the Lords that were trusted by His Majesty.

THat you endeavour by all fair and lawful Means to prevent Division I among Our Subjects in Scotland.

That you give all the Assurances in Our Name which can be desired, of II Our Resolution to preserve inviolably the Government of that Kingdom, as it is now established by Assemblies and Parliaments.

That you take what Courses you shall think most fit, for causing Print and III Publish, either in Scotland or at York, Our Declaration which We now send with you to that Our Kingdome, and all such other Papers as We shall hereafter send thither, or which you shall conceive may conduce to the good of Our Service; and for that purpose, make use of such Blanks as We have thought fit to entrust you with.

That seeing We perceived by Pickering's Letters, Our Two Houses of Par­liament IV intend to send Commissioners or Agents to Scotland, you shall en­deavour by all fair Means, to hinder any of Our Iudicatories to Treat with them, and for that purpose make use of any of the foresaid Blanks.

That seeing We conceive it would exceedingly conduce to the good of Our V Service, that the Lords of Session would explain the Commission granted by Vs and Our Parliament to the Conservatours of the Treaty, you shall for that purpose likewise make use of the foresaid Blanks, either to them all in gene­ral, [Page 220] or to such of them in particular as you shall think most fit.

VI That you endeavour to hinder the liberty which (possibly) Ministers may take to themselves in the Pulpits, of Censuring Our Actions, or stirring up the People against Vs, and to that purpose make use of the said Blanks to the Council or Commissioners of the Assembly, as you shall think ne­cessary.

VII That in case you apprehend any danger to Our Service from the Return of the Scotish Army in Ireland, you shall declare Our readiness, to contribute any thing which is in Our Power for the Maintenance thereof, even to the En­gaging of our Revenues in Scotland, for raising Moneys to be so imployed; and to that end you shall make use of the foresaid Blanks.

VIII If you shall find it necessary, you shall likewise make use of some of the Blanks to the Council, declaring expresly Our Pleasure, That that Army shall not be recalled until We be acquainted therewith, and to the Earl of Leven, discharging him to obey any Orders whatsoever for that end, until he know Our further Pleasure.

IX If you shall find it necessary, you shall make use of some Blanks to Our Council, recalling all former Commissions which have been granted, for Le­vying and Transporting of Men out of that Kingdom over to France or Holland.

X You shall make use of these Blanks to some of Our Council and Exchequer, for discharging the Arrears, and disposing a plenary Right of the Annuities to those particular persons that have Petitioned Vs thereabout, and to surcease all execution against all others until the 31 th day of August next.

XI You shall make use of these Blanks to such of Our Council and others, as you shall find fit, for encouraging them to attend the Meetings of Our Council, and to continue the Testimonies of their Affection to Our Service, with assu­rance of Our Resentment thereof.

XII We do hereby authorize Our Secretary the Earl of Lanerick, by your Ad­vices to fill up these Blanks, and to Sign them with Our Court-Signet; and for his and your so doing, this shall be your Warrant.

C. R.
From Oxford the 21 th April 1643.

Besides this, Lanerick told that it was the Kings positive Pleasure, that the first Breach should not come from his Party; but they should draw out things as long as was possible, before they hazarded on a Rupture.

As for the Kings Declaration, the first draught whereof is extant, mark­ed and corrected by the Kings Hand, it being so home and clear, though very long, I shall not contract it, but set it down at length.

His Majesties Declaration to all his loving Subjects in His Kingdom of Scotland.

CHARLES R.

AS there hath been no mean left unattempted which the malice and wit of Rebellion could devise, to infect and poyson the Affections and Loy­alty of Our good Subjects of Our Kingdom of England, and to withdraw their Hearts from Vs by the most pernicious and desperate Calumnies, that could be invented to under-value and lessen Our Reputation with Foreign Princes, by Injuries and Affronts upon their Publick Ministers, and by pre­suming to send Agents qualified for Negotiation without Our Consent, and in truth, to expose Vs, and Our Royal Authority to Scorn and Contempt, by assuming a Power over Vs; so the pernicious Contrivers of these bloody Di­stempers have not delighted in any Art more than in that, by which they have hoped to stir up Our good Subjects of that Our Native Kingdome of Scotland to joyn with them, and to infuse in them a jealousie and dis­esteem of Our true Affection, and Our Gracious Intentions towards that Na­tion. To this purpose they have used great Industry to convey into that Our Kingdom, and to scatter and disperse there divers Seditious Pamphlets, framed and contrived against Our Person and Government, and have sent Agents of their own to reside there; and to promote their Designs, one of whom lately resident there, one Pickering, by his Letters of the 9 th of Ja­nuary to Mr. Pym, assures him of the Concurrence of that Kingdom, and that the Ministers in their Pulpits, do in downright terms press the Taking up of Arms, and in another of his Letters to Sir John Clotworthy, sayes, that the Trumpet sounded to the Battel, and all cryed, Arm, Arm, with many other bold, scandalous, and seditious Passages, very derogatory from the Duty and Affection, which We are most confident Our good Subjects of that Our Native Kingdom bear to Vs. To this purpose they traduce Vs with raising and making War against Our Parliament, of having an Army of Papists, and favouring that Religion; of endeavouring to take away the Liberty and Property of Our Subjects: and upon these grounds they have presumed by a Publick Declaration to invite Our good Subjects of Our King­dom of Scotland to joyn with them, and to take up Arms against Vs their Natural Liege Lord. Lastly, to this purpose they endeavour, as well in Publick as by secret Insinuations, to beget an apprehension in them, that if We prevail so far here, as by the blessing of God to preserve Our self from the Ruine they have designed to Vs, the same will have a dangerous influ­ence upon that Our Kingdom of Scotland, and the Peace established there; and that Our good Laws lately established by Vs for the Happiness and Wel­fare of that Our Native Kingdom will be no longer observed, and main­tained by Vs, than the same Necessity, which they say extorted them from Vs, hangs upon Vs, but that We will turn all our Forces against them: a Calumny so groundlesly and impiously raised, that if We were in any degree conscious to Our Self of such wicked Intentions, We should not only not ex­pect a dutiful Sense, in that Our Native Kingdom, of Our Sufferings; but should think Our Selves unworthy of so great Blessings, and eminent Prote­ction as We have received from the hands of the Almighty, to whom We know [Page 222] We must yield a dear Accompt for any Breach of Trust, or failing of Our Du­ty toward Our People.

But as We have taken special Care, from time to time to inform Our good Subjects of that Our Native Kingdom of the Occurrences here, particularly by Our Declaration of the 12 th of August, wherein is a clear, plain Narrati­on of the beginning and progress of Our Sufferings to that time; so the bold and unwarranted Proceedings of these Desperate Incendiaries, have been so publick to the World, that Our good Subjects of Scotland could not but take notice of them, and have observed, that after We had freely and volun­tarily consented to so many Acts of Parliament, as not only repaired all former Grievances, but also added whatsoever was proposed to Vs, for the future benefit and security of Our Subjects, insomuch as in truth there want­ed nothing to make the Nation compleatly Happy, but a just sense of their own excellent Condition, a few discontented, ambitious, and factious Per­sons so far prevailed over the Weakness of others, that instead of receiving that return of Thanks and Acknowledgment, which We expected and deser­ved, Our People were poysoned with Seditious and Scandalous Fears and Iealousies concerning Vs; We were encountered with more unreasonable, and importunate Demands, and at last were driven through Force and Tumults to flee from Our City of London, for the Safety of Our Life. After which We were still pursued with unheard-of Insolences and Indignities, and such Members of either House as refused to joyn in these unjustifiable. Resolutions, were driven from these Councils, contrary to the Freedom and Liberty of Parliament, insomuch that above four parts of five of that Assembly was likewise forced, and are still kept from thence; Our Forts, Towns, Ships and Arms, were taken from Vs, Our Money, Rents, and Revenue seized and de­tained; and that then a powerful, and formidable Army was raised, and con­ducted against Vs, (a good part of which was raised and mustered, before We had given Our Commissions for Raising one Man) that all this time We never deny'd any one thing, but what by the known Law was unquestionably Our Own; That We earnestly desired and pressed a Treaty, that so We might but know at what price We might prevent the Miseries and Desolation that were threatned; That this was absolutely and scornfully refused and rejected, and We compelled with the assistance of such of Our good Subjects as came to Our Succour, to make use of Our Defensive Arms for the Safety of Our Life, and Preservation of Our Posterity. What passed since that, Battel hath been given Vs, Our Own Person and Our Children endeavoured to be destroyed, those unheard-of Pressures have been exercised upon Our poor Sub­jects by Rapine, Plundering, and Imprisonment, and that Confusion which is since brought upon the whole excellent Frame of the Government of this King­dome, is the Discourse of Christendom. We are very far from making a War with, or against Our Parliament, of which We Our Selves are an essential part: Our principal Quarrel is for the Priviledges of Parliament, as well those of the Two Houses as Our Own; if a few Persons had not, by Arts and Force, first awed, and then driven away the rest, these Differences had ne­ver arisen, much less had they ever come to so bloudy a Decision. We have often accused these Persons against whom Our Quarrel is, and desired to bring them to no other Trial than that of the Law of the Land, by which they ought to be tried. As We have been compelled to take up these De­fensive Arms for the Safety of Our Life, assaulted by Rebellious Arms, the Defence of the true Reformed Protestant Religion, scornfully invaded by Brownists, Anabaptists, and other Independent Sectaries, (who in truth [Page 223] are the principal Authors, and sole Fomenters of this unnatural Civil War) for the Maintenance of the Liberty and Property of the Subjects, malici­ously violated by a vast unlimited Arbitrary Power, and for the Preserva­tion of the Right, Dignity, and Priviledges of Parliament, almost destroy­ed by Tumults and Faction: so what hath by Violence been taken from Vs, being restored, and the Freedom of Meeting in Parliament being secured, We have lately offered (though We have not been thought worthy of an An­swer) to Disband Our Army, and leave all Differences to the Tryal of a full and peaceable Convention in Parliament, and We cannot from Our Soul desire any Blessing from Heaven more, than We do a peaceable and happy End of these unnatural Distractions.

For the malicious groundless aspersion of having an Army of Papists; though in the Condition and Strait to which We are brought, no man had reason to wonder if we received assistance from any of Our Subjects of what Religion soever, who by t [...]e Laws of the Land are bound to perform all offices of Duty and Allegeance to Vs; yet it is well known, that We took all possible Care, by Our Proclamations, to inhibit any of that Religion to repair to us, which was precisely and strictly observed (notwithstanding even all that time We were traduced as being attended by none but Pa­pists, when in a Month together there hath not been one Papist near Our Court) though great numbers of that Religion have been with great alacrity entertained in that Rebellious Army against Vs, and others have been se­duced, to whom We had formerly denied Imployment, as appears by the ex­amination of many Prisoners, of whom We have taken Twenty and Thir­ty at a time, of one Troop or Company, of that Religion. What Our O­pinion is of that Religion, Our frequent Solemn Protestations before Al­mighty God, who knows Our Heart, do manifest to the World; And what Our Practice is in Religion, is not unknown to Our good Subjects of that Our Native Kingdom. And as We have omitted no way, Our Con­science and Vnderstanding could suggest, to be for the promoting and ad­vancing the Protestant Religion; so We have professed Our readiness in a full and peaceable Convention of Parliament, to consent to whatsoever shall be proposed by Bill, for the better Discovery and speedier Conviction of Recusants, for the Education of the Children of Papists by Protestants in the Prote­stant Religion, for the prevention of the Practices of Papists against the State, and the due Execution of the Laws, and true Levying of Penal­ties against them; so We shall further embrace any just Christian Means to Suppress Popery in all Our Dominions, of which Inclination and Resolution of Ours, that Our Native Kingdom hath received good evidence.

For the other malicious and wicked Insinuations, that Our Success here upon the Rebellious Armies raised to destroy Vs, will have an influence upon Our Kingdom of Scotland, and that We will endeavour to get loose from those whol­som Laws which have been enacted by Vs there, We can say no more, but Our good Subjects of that Kingdom well remember, with what Deliberation, Our Self being present at all the Debates, We consented to these Acts: and We do assure Our Subjects there, and call God Almighty to witness of the uprightness and resolution of Our Heart in that point, that We shall always use Our utmost Endeavours, to defend and maintain the Rights and Liberties of that Our Nati [...]e Kingdom, according to the Laws established there, and shall no longer look for Obedience, than We shall govern by the Laws. And We hope that Our zeal and carriage, only in Defence of the Laws and Government of this Kingdom, and the subjecting Our Self to so great hazard and danger, will [Page 224] be no argument, that when the Work is done, We would pass through the same Difficulties to alter, and invade the Constitutions of that Our other King­dom. We find disadvantages enough to struggle with in the Defence of the most upright, innocent, just Cause of Taking up Arms; and therefore, if We wanted the Conscience, we cannot the Discretion to tempt God in an unjust Quarrel. The Laws of Our Kingdom shall be always Sacred to Vs; We shall refuse no hazard to defend them, but sure We shall run none to invade them.

And therefore We do conjure all Our good Subjects of that Our Native Kingdom, by the long happy and uninterrupted Government of Vs, and Our Royal Progenitors over them, by the Memory of those many large and publick Blessings they enjoyed under Our dear Father, by those ample Favours and Benefits they have received from Vs, by their Own Solemn National Cove­nant, and their Obligation of Friendship and Brotherhood with the Kingdom of England, not to suffer themselves to be misled and corrupted in their Affe­ctions and Duty to Vs, by the cunning Malice and Industry of those Incendi­aries and their Adherents, but to resist and look upon them, as Persons who would involve them in their Guilt, and sacrifice the Honour, Fidelity and Allegiance, of that Our Native Kingdom, to their private Ends and Ambi­tion. And We require Our good Subjects t [...]ere, to consider that the Persons, who have contrived, fomented, and do still maintain these bloody Distracti­ons, and this unnatural Civil War, what pretence so ever they make of their Care of the true Reformed Protestant Religion, are in truth Brownists and Anabaptists and other Independent Sectaries; and though they seem to desire an Vniformity of Church-Government with Our Kingdom of Scotland, do no more intend, and are so far from allowing the Church-Government by Law established there (or indeed any Church-Government whatsoever) as they are from consenting to the Episcopal: and We cannot but expect a greater sense of Our Sufferings, since the obligations We have laid on that Our Native Kingdom, are used as arguments against Vs here, and Our free consenting to some Acts of Grace and Favour there (which were asked of Vs by reason of Our necessary residence from thence) have encouraged ill-affected Persons, to endeavour by Force to obtain the same here where We usually reside. To conclude, We cannot think that Our good Subjects there will so far hearken to the Treason and Malice of Our Enemies, as to interrupt their own present Peace and Happiness; and God so deal with Vs and Our posterity, as We shall inviolably observe the Laws and Statutes of that Our Native Kingdom, and the Protestations We have so often made, for the Defence of the true Reformed Protestant Religion, the Laws of the Land, and the Iust Privi­ledges and Freedom of Parliaments.

With these Publick Orders His Majesty also sent the Marquis a Patent to be a Duke, The King sends the Mar­quis a Patent to be Duke. as a recompence of the great Services he was then doing and had formerly done him.

Scarce were these Lords come to Scotland when one Walden an Agent sent from the Two Houses to Scotland, The Lords pursued as In­cendiaries. upon the pretence of the Treaty about Ireland, gave in a Complaint to the Council against them, on the account of a Letter that was intercepted, signed by them all at Latham the Earl of Darby's House in Lancashire, where they were as they came down; in which they gave the Queen some Informations and Advices about the State of the Kings Affairs in that County. This was charged on them as Incendiarism, and Walden desired liberty to pursue them on [Page 225] that Head, whereupon they first drew some Defences: but because these would have been found more guilty of the alledged fault than the Letter it self, they being made up of a Justification of the Kings Armes in England, they answered this Complaint by a Petition, wherein they declared, they had never instigated the King into a Breach with his Two Houses, and that there was nothing on earth they desired more earnestly than to see a happy Settlement betwixt them; therefore they intreated, that no Misrepresentations might be received, or listened to against them. The Church-party saw, this would be a good way to be rid of the Trouble and Opposition they feared from these Lords, and [...]efore cherished Walden's Motion; but they were told, that they could not fix any Censure on that Matter, without judging of the whole Bu­siness; for if the Kings Quarrel was just, those Lords acted as became faithful Subjects, whatever might be in that, none in England could challenge them, for Serving him in it, till themselves had declared a­gainst it, which was not yet done. The force of this Reasoning con­strained them against their Hearts, to yield much more than the Au­thority of the Kings Commands, who having got notice of it from the Earl of Lindsay, wrote down to Scotland, peremptorily com­manding them to desist from any such pursute if it were begun; re­quiring also his Advocate to appear for them in His Majesties Name if they were pursued.

The Earl of Lanerick wrote to the King what follows.

May it please Your Majesty,

I Shall here Humbly presume to let Your Majesty know, that before any of Your Scotish Servants, who lately parted with Your Majesty at Oxford, Lan [...]rick 's ac­count of Af­fairs to His Majesty. could possibly come hither, the Chancellour had made his Report to the Coun­cil and Conservatours of the Treaty, and Mr. Henderson to the Commissi­oners of the General Assembly, of their Employments to Your Majesty, where Your Answers to their Desires were found not satisfactory, and thereafter Your Majesties Council, Commissioners for the Treaty and Common Burdens, ha­ving joyned together for giving of Security, for such Moneys as should be levy­ed, for the Maintenance of Your Majesties Scotish Army in Ireland, they thought fit (without admitting of any delay until Your Majesties Pleasure were known) to call a Convention of the Estates, as their several Acts and Proclamations to that effect (here inclosed) will more particularly shew Your Majesty.

And for the present Your Majesties Servants, who came lately hither, ha­ving only met with three or four of those whom Your Majesty appointed them to consult with, have thought fit to advise with some others of the same Af­fection and Forwardness to Your Majesties Service, before they presume to give Your Majesty any Advice upon the present Occasions, being matters of so great Weight, and so highly concerning Your Majesties Service: but they have taken the readiest and most speedy Course they can think upon, for Meeting and Consulting with them; and thereafter are immediately to return hither; from whence they will with all diligence offer unto Your Majesty their humble Opinion. In the mean time I have dispatched Your Majesties Letters to such Noblemen and Burroughs, as Your Majesty was pleased to direct me, shewing Your Resolution of preserving here what you have been pleased so Graciously to establish in Church and State, not having been able to deliver Your Majesties [Page 226] Letter to Your Council, who were dissolved before my coming, and my Lord Chancellour is gone out of Town, without whose Appointment there can be no extraordinary Meeting; so that I believe Your Majesties Gracious Declara­tion to Your Scotish Subjects cannot be published before that time; nor till then can I be able to give Your Majesty any further account of Your Affairs here, though in the mean time I shall study to serve Your Majesty faithfully, according to the Duty of Your Majesties

Most humble and most faithful, and most obedient Subject and Servant, LANERICK.
Edinburgh, 18 th May. 1643.

In the end of May, there was a Meeting of about thirty Noblemen, where these two Questions were proposed; The Lords consult what to advise His Majesty. First, if it were fit for the Kings Service that the Convention should be suffered to hold; Next, if it held, whether those who were well-affected to the Kings Service should fit in it. There were three or four Days spent in debating upon these Heads: some moved, that since by the calling of this Convention the other Party had so far encroached upon the King, they should pre­sently break with them: this Motion came chiefly from other Lords, who would not come to that Meeting. But it was answered that the King, as he would not give Commissions for raising an Army in Eng­land, till he knew the Parliament had first done it on their side; so it was his positive Pleasure that his Party should not make the first Breach, which the King judged so much for his Honour, that no Considerati­on could move him to dispense with it: yet these who made that Pro­position, were desired to lay down ways, how it could be made effectu­al, since it was Madness, and not Courage, to hazard the Ruine of the Kings Service and Friends, without at least a likelyhood of being able to carry it through with some Success.

All things being examined, it was concluded that the following Mes­sage should be sent to His Majesty, which was set down in a Paper, da­ted the 5 th of Iune; but because of the War in England, they com­mitted it verbally to a Trusty Bearer, lest it had been interce­pted.

A Convention was indicted by the Chancellour, and such others of the Council as have signed His Majesties Letter thereabout, with the Advice and Concurrence of the Committees for conserving the Treaty and Common Bur­dens to be kept at Edinburgh the 22 th of June: whereby it is conceived His Majesty suffers exceedingly in His Regal Authority, in the Calling thereof without his Special Warrant. A Proclamation for the Indicting thereof is likewise issued forth in His Majesties Name, expressing a danger to Religi­on, His Majesties Person, and the Peace of this Kingdom, from Papists in Arms in England, which in that appears to be contrary to His late Declara­tion sent to Scotland.

Hereupon divers Noblemen and Gentlemen well-affected to His Majesties Service met at Edinburgh, and after three or four days Debate, considering the exigency of Time, the present posture of Affairs, and the disposition and inclination of the People of this Country, did not conceive it fitting, that His Majesty should absolutely discharge that Meeting, (which certainly would be [Page 227] kept notwithstanding of any Discharge from Him, which would both bring His Authority in greater Contempt, and lose more of the Affections of the People, whereby the Power of His Majesties Servants would be lessened) but rather that His Majesty should so far take notice of the Illegal Calling thereof, and His Own Suffering thereby, that the same remaining upon Record may be an evidence to Posterity, that this Act of theirs can infer no such Precedent for the like in the future; but afterwards His Majesty, or His Successors, may Le­gally question the same. And that His Majesties Servants here may be better enabled, and strengthened with the assistance of others of His Majesties faithful Subjects, who truly and really intend nothing but the Security of Religion as it is here established, and are altogether averse from and against the Raising of Arms, or Bringing over the Scotish Army in Ireland, where­by His Majesties Affairs, or their own Peace may be disturbed, they con­ceive it fit, that His Majesty should permit this Convention to Treat, and conclude upon such Particulars, as may secure their Fears from any danger of Religion at home, without interessing themselves in the Government of the Church of England. And in respect that the Two Houses of Parliament have not sent Supplies for Entertaining the Scotish Army in Ireland, where­by they may have some colour or ground for recalling them, it is concei­ved necessary, that this Convention should have a Power from His Majesty, to advise and resolve upon all fair and Legal wayes for Entertaining the said Army still in Ireland, and for recovering payment of the Brotherly Assistance: providing always, that in the doing thereof no Resolution be taken for Levy­ing of Forces, or doing any Act, whereby this Kingdom, or any part thereof, may be put in a posture of War, or under any pretence to bring over the Scotish- Army in Ireland, or any part thereof, without special Warrant from His Majesty; wherewith if such as shall meet at this Convention rest not satisfied, His Majesties Servants here are resolved to Protest, and adhere to these Grounds, and to oppose all other derogatory to His Majesties Authority, or prejudicial to His Service.

The Duke by the same Bearer wrote to Mr. Iermine, since Earl of St. Albans, what follows, which is set down to shew how far he was from abusing their Majesties, or any about them, with hopes of a good issue of Affairs in Scotland.

Noble Friend,

THere is so much said to this Bearer by word and in writing that I shall add but little thereto; only this, which I have often said, The Duke ap­prehends the Ruine of the Kings Affairs in Scotland. Time is preci­cious, and would not be lost while we are quiet: how long that will be, for my own part I cannot tell, so many unhappy Accidents have intervened of late that His Majesties Service is much prejudiced thereby; I mean not so much your Misfortune at Wakefield, as other Particulars which you will be informed of. Howsoever think not that I am discouraged, for never was Man more resolute to oppose all that shall endeavour the Dis-service of the King than I am, and there are considerable men in this Country of the same mind. But I ever feared our want of Power, and never more than now; Resolution we want not, but Means how to put that in execution: and therefore I say, build no confidence, but that you may receive great Prejudice from hence, notwithstanding all we can be able to do, which will be as much as you can expect from Men of Honour, so deeply ingaged as we are. Having thus freely expressed my thoughts to you, it is e [...]sie to conjecture, what Advice I would give; you are Iudicious, and so I shall [Page 228] conclude in a word, Lose no Opportunity that is offered to end your business, either by one means or other, and esteem of me as

Your most obliged Friend, and humble Servant, HAMILTON.
Holyrood House June 5 th 1643.

He wrote also the following Letter to Her Majesty.

May it please Your Majesty,

I Had not presumed to have troubled Your Majesty with any thing from me, if Your Letter I received from Mr. Murray had not encouraged me to hope for Your Majesties Pardon; And adver­tises the Queen of his fears. I shall then humbly beg, this may rather be believed an effect of Obedience than Boldness.

Vpon Tuesday last I delivered to His Majesties Council a Letter from Him to them, wherein was inclosed a Declaration to His Scotish Subjects, which was unanimously appointed to be Printed and Published: but the Let­ter they have written in Answer to His Majesty (a Copy whereof I have presu­med to send Your Majesty) did receive great opposition, and with difficulty was carried.

Since there hath been no Publick Meeting, but it is like there will be one appointed upon Wednesday next, where they that came last from His Ma­jesty are to be accused as Incendiaries.

The great Offers are to be made from t [...]e Two Houses of Parliament, are like to work much upon the Affections of this Country, being seconded with an alledged hazard to Religion and Government from Papists, pretended to be in Armes in England and Ireland; a popular (though groundless) Induce­ment for taking Arms in this Kingdom; to which though many Noblemen (and divers of the Gentry) have hitherto been averse, yet I both doubt t [...]e Continuance of their Resolutions, and the Power of these few who must and will oppose it. The Authority the other Party receives from the Iudicatories, the absolute Power they have of the Magazines and Ammunition, the popu­lar Pretences they have of a danger to Religion and Liberty, gives them so great advantages, that I cannot but apprehend great Disservice to His Ma­jesty from hence, if the Differences betwixt Him and His people of England be not quickly decided either by Treaty or Force.

The Resolutions about the Convention of the States, of such well-affected Noblemen and Gentlemen as are accidentally now in Edinburgh, Your Majesty will know from the Bearer, the Particulars being of that nature, as are not without hazard to His Majesties Service to be trusted to Paper, by,

May it please Your Majesty,
the humblest and faithfullest of all Your Servants, HAMILTON.

[Page 229]To which Her Majesty wro [...]e the following Answer.

Cousin,

I Received your Letter, The Queen writes to the Duke. and have given an Account to the King of what you tell Me. I hope the Kings faithful Servants shall be so much the more firm to His Service, that the wickedness of others appears, and will by their Care and Diligence prevent the Malice of others. We had here a mischance in one of Our Quar­ters, by the negligence of Our People; the greatest loss We have had is known, yet We are not at all discouraged, and hope quick­ly to have a Revenge. Our Army consists (without reckoning the Garrisons) of seven thousand Foot, and 69 Troops of Horse, besides My two Regiments, so that for all Our mischance We are in no ill Condition. I have News from the King, that His Army is as strong as Essex's, and that Essex dares not advance. The King hath sent Prince Maurice to the West with 2000 Horse and a thousand Foot; the Gentlemen of the West have promised to raise an Army of 10000 Men in six Weeks, so that I can assure you all Our Affairs go well. And from France (except the Death of the King My Brother) I have very good News, as like­wise from Denmark. If the King does not press me to go to Him quickly, I hope to see Leeds taken bef [...]re I part. You will give a share of these News to all Our Friends, if any dare own themselves such, after the House of Commons hath declared Me Traytor, and carried up their Charge against Me to the Lords. This I assure you is true, but I know not yet what the Lords have done upon it. God forgive them for their Rebellion, as I assure you I forgive them from my Heart for what they do against Me, and shall ever conti­nue, as I have promised,

Your affectionate Cousin and Friend, HENRIETTA MARIA R.

To this he returned the following Letter.

May it please Your Majesty,

I Shall not presume to take up much of Your Majesties Time with reading Particulars, they being so well known to this faithful Bearer: The Dukes Answer to Her Majesty. therefore I shall only in the general crave liberty to say, that though the State of Affairs here be far otherwise than I could wish; yet I was never so hopeful as at this present, that no Forces will come from hence this Summer into England, to [Page 230] disturb His Majesties Affairs. Yet no Means ought to be neglected in preparing to oppose them, (lest they should do o [...]herwise,) nor shall I fail to do the same (whatever Malice may whisper to the contrary) with all the Power I have, and as freely venture both Life and Fortune in that, as any living shall. So I humbly beseech Your Majesty to believe, that not only in this, but in all which doth concern His Majesties Service, my part shall be such as I have promised, and as becometh

The Humblest, most Faithful, and most Obedient of all Your Majesties Servants, HAMILTON.
Holyrood House 10 th June.

The King, having received the Letter of Advertisement concerning the Convention, wrote down the following Answer about it.

CHARLES R.

The Kings Letter about the Conventi­on to the Council,RIght Trusty and Right well-beloved Cousins and Councellours, and Right Trusty and well-beloved Councellours, We Greet you well.

We are much surprized at Your Letter of the 12 th of this Moneth, where­by it seems you have given order for the Calling of a Convention of the E­states of that Our Kingdom without Our Privity or Authority: which, as it is a business We see no reason for at present, and that hath never been done before but in the Minority of the Kings of Scotland, without their Con­sent; so We cannot by any means approve of it, and therefore We command [...]ou to take order that there be no such Meeting, till you give Vs full satis­faction of the Reasons for it.

Given at Our Court at Oxford 22 th of May 1643.

With this he wrote another to the Earl of Lanerick, which fol­lows.

CHARLES R.

and to Lanerick.RIght Trusty, and Right well-beloved Cousin and Councellour, We Greet you well.

We have herewith sent you Copies not only of the Letters We lately received from Scotland, but also of Our several Letters to Our Chancellour and Council there, the Originals whereof We leave to your Discretion, to deliver and make use of as you shall find best for Our Advantage: but for the Busi­ness it self, We have heretofore so fully declared to you Our Own Opinion there­in, as We need say no more of that Subject to you.

We observe in the Letter to Vs, that there are but eleven Councellours Names to it, and that n [...]ne of those that are best-affected have subscribed it; and We find that as great, or a greater number of Councellours, Persons of great Quality, Place, and Trust, have not subscribed to it.

Given at Our Court at Oxford 22 th of May 1643

[Page 231]Upon what had past, the Lords whom His Majesty had trusted, re­solved to keep up this Letter to the Council, till a return came of the Message they had sent to His Majesty. But a few days after that Letter was written, the Earl of Lindsay came from London to Oxford, The Earl of [...]indsay [...]s with the King. to receive the Kings Commands for Scotland; to which he was required to go, and sit in the Convention of Estates then Summoned. His Majesty asked his Advice, whether He should give way to its Sitting or not: but he answered, as he durst not advise His Authorizing of it; so on the other hand, he might consider if it was like, that they who had called it without His Warrant, would desert it upon His Prohibition; and if His Majesty thought fit to discharge it, he would weigh well, what the hazard might be of their Sitting against His Pleasure. All this being considered by His Majesty, He wrote by him the following Letter to My Lord Lanerick.

CHARLES R.
RIght Trusty, and Right well-beloved Cousin and Councellour, We Greet you well.

The Earl of Lindsay coming hither from London, hath assured Vs, that the Cause of the Two Houses sending into Scotland, to have the Lords that went hence sequestred, was, the Intercepting of their Letter sent to Our Dearest Consort, the Queen, and nothing else.

We perceive by the Copy of the Resolutions you sent Vs, with what Pru­dence, and Loyal Courage, your Brother Hamilton and the Lord Advocate opposed at Council there, the Order for Calling a Convention of the Estates for which We would have you to give them Our particular Thanks. You and others of Our Council there, know well, how injurious the Calling of a Con­vention of Estates without Our Consent, is to Our Honour and Dignity Roy­al; and as it imports Vs, so We desire all Our well-affected Servants to hinder it what they may; but shall leave it to them, to take therein such Course, as they shall there upon advice conceive best, without prescri­bing any way, or giving any particular Directions. If notwithstanding Our Refusal, and the endeavours of Our well-affected Subjects and Servants to hinder it, there shall be a Convention of the Estates, then We wish that all those who are right-affected to Vs, should be present at it; but to do nothing there, but only Protest against their Meeting and Actions. We have so fully instructed this Bearer, that for all other Matters We shall refer you to his Relation, whereto We would have you to give credit.

Given at our Court at Oxford the 29 th of May 1643.

But His Majesty, having after that received the Advice sent him from Scotland, and His own Thoughts agreeing with it, did on the 10 th of Iune write the following Letter, to be presented to the Con­vention.

CHARLES R.
RIght Trusty, and well-beloved Cousins and Councellours,
The Kings Let­ter to the Con­vention of E­states.
&c.

We have received a Letter dated the 22 th of May, and Signed by [Page 232] some of Our Council, some of the Commissioners for Conserving the Articles of the late Treaty, and of the Commissioners for the Common Burdens: and though it seem strange unto Vs, that those Committees should Sign in an equal Power with Our Council, especially about that which is so absolutely without the limits of their Commissions; yet We were more surprized with the Conclu­sions taken at [...]heir Meetings, of Calling a Convention of the Estates without Our special Warrant, wherein Our Royal Power and Authority is so highly concerned, as that We cannot pass by the same, without expressing how sensi­ble We are of so Vnwarrantable a way of Proceeding; and if We did not pre­fer t [...] Our Own unquestionable Right the Preservation of the present happy Peace within that Our Kingdom, no other Consideration could move Vs to pass by the just Resentment of Our Own Interest therein. But when We con­sider to what Miseries and Extremities Our Scotish Army in Ireland is re­duced, by reason that the Conditions agreed unto by Our Houses of Parlia­ment for their Maintenance, are not performed; and likewise the great and heavy Burdens, which We are informed Our Native Kingdom lies under, by the not timely payment of the Remainder of the Brotherly Assistance due from England, contrary to the Articles of the late Treaty; and withall remembring the Industry, which We know hath been used upon groundless Pretences, to possess Our Scotish Subjects with an Opinion, that if God should so bless Vs here in England, as to protect Vs from the Malice of Our Enemies, Religi­on, and the now-established Government of Our Native Kingdom, would be in danger: We (laying aside all Consideration of Our Own particular) resolve on Our part, to endeavour by all possible means to prevent all colour or ground of Division betwixt Vs and Our good Subjects of Scotland; and therefore do permit you to Meet, Consult, and Conclude upon the best and rea­diest ways of Supplying the present wants of Our Scotish Army in Ireland, and providing for their future Entertainment there, until some solid Course be taken for recovering of the Arrears due to them, and for their constant Pay in time coming, according to the Conditions agreed upon in the Treat [...]; as also to advise upon the best way of Relieving the Publick Burdens of that Our King­dom of Scotland, by pressing, by all fair and lawful means, a speedy Pay­ment of the Remainder of the Brotherly Assistance due from England; as likewise to prevent the Practices of such as study to entertain in this Our Kingdom groundless Iealousies and Fears of Innovation of Religion or Go­vernment, the Preservation whereof (according to Our many Solemn Pro­testations) shall ever be most Sacred to Vs; providing always, that in do­ing these things, nothing be done which may tend to the Raising of Arms, or Recalling Our Scotish Army, or any part thereof, from Ireland, but by Or­der from Vs, and Our Two Houses of Parliament, according to the Treaty a­greed upon to that effect: and We do require you, to limit your Consultations and Conclusions to the foresaid Particulars. And as by this, and many other Our former Acts of Grace, and Favour to that Our Native Kingdom, it clearly appears, how desirous We are of preserving their Affections, and pre­venting all occasions of Mistakes betwixt Vs and them; so We do expect, that your Proceedings at this time will be such, as may shew your tender Care of Vs and Our Greatness, which by so many Oaths and Obligations you are tied to preserve.

Given at Our Court at Oxford the 10 th of Iune 1643.

[Page 233]Mean-while the Duke and his Brother advertised both their Majesties, of the great apprehensions they had of Mischief from Scotland, and be­sought His Majesty, The Duke stu­dies to keep Scotland from agreeing w [...]h the Two Hou­ses. that so long as they were idle in Scotland he should be busie in England; for his good Success there, was that which would engage most to appear for him here; and they, with those trusted with them, made the Lord Chancellour understand the hazard he was in, if the Annuities were discharged, and accordingly filled up one of the Blanks with a Proclamation, discharging them to all who had Signed the Petition against them, which yet remains, but without a Date and Signeting. The Lord Chancellour was very sensible of the ruine of his Fortune, which would follow from the Publishing of that which certainly would be popular, as being an ease of the Subjects, and there­fore promised to them, to use his utmost Endeavours to put all the stops he could in the Agreement with England: wherefore with joint con­sent they resolved to proceed no further in that Affair for that time, and accordingly the Lord Chancellour was very instrumental (though covertly) in getting things kept off so long; for had not much Art been used, the Church-party were inclined, immediately upon the opening of the Convention, to have engaged in the Quarrel for the Two Houses.

The 22 th of Iune came, and the Convention sate down, The Conven­tion sits. (which is a Court made up of all the Members of Parliament, but as they are called and sit without the state or formalities used in Parliaments; so their Power is to raise Money or Forces, but they cannot make or repeal Laws.) The Duke and his Friends, as they answered to their names, declared they were present, upon the notice they had of the Kings Warranting of the Convention. After that, Lanerick delivered the Kings Letter of the 10 th of Iune, and it being read, drew on a great Debate, which lasted four days, whether the Convention was free or not, and if bound up to the limits of the Kings Letter or not. The grounds of the Debate were, on the one side it was certain, that by the Law of Scotland no Assembly of that nature could be called but on the Kings Writ, and therefore there was a Nullity in the beginning of it; but that now the King ex post facto allowing them as a Meeting of His Subjects to consider of some Particulars, they could pretend to no Authority but what that Letter gave them: therefore they had not the Authority of a Convention of Estates, but were only a Meeting of so many Subjects to consult of some Affairs. On the other side it was said, that the Convention was summoned by a Writ under the Great Seal, which was all that the Subjects were to look for, they not being concern­ed to look into the Kings secret Orders, or private Pleasure: so this was a sufficient Authority for their Sitting; and for the Kings Letter, though it seemed he was not well-pleased with his Council for it; yet it did not annull the former Writ, nor indeed could it, and it was essen­tial to all Meetings of that nature to be free, and not limited in their Consultations; for if the King calls a Parliament or Convention, their Freedom cannot be restrained to such Particulars as the King would li­mit them to, otherwise the Grievances of the Nation should never be considered: therefore they concluded, it either must be no Convention at all, or if it was one, it must be left at liberty to treat of all the Affairs of the Nation. The Duke and his Brother were the great Arguers on the one side; and when they saw how it was like to go, they resolved [Page 234] to Protest, and leave them. But the Kings Advocate told them, that if the Convention were Voted a free Convention, then to Protest against it was Treason; but they might declare their Judgments, and thereupon take Instruments, which was equivalent to a Protestation, and more Legal: and they judging this punctilio of the word Protest of no Importance, re­solved to follow his Advice. So on the 26 th of Iune, it being put to the Vote, a Free Convention or not, the Duke voted it no Convention, but as regu­lated by the Kings Letter: so did eighteen Lords, and but one Knight, all the rest voting it a Free Convention. Whereupon the Duke rose up and declared, he could no more own that for a Free Convention, nor acknowledge any of their Acts or Orders, further than as they kept within the bounds of the Kings Letter. My Lord Argyle asked, did he by that Protest against the Convention? my Lord Lanerick an­swered, they meant not to Protest, but declare and take Instruments, both in the Kings Name and their own, which accordingly they did, and so removed. Only Lanerick required them to record the Kings Letter, which was refused; next he craved an Instrument of his pro­ducing it, which was also refused: so having taken witness of it, he withdrew, and none of these Lords would sit in the Convention any more. After this some came to the Duke, and asked his Advice if they should sit or not; he suspected their Intentions were only to betray him, and told them, that his Practice declared his own Judgment, which he wished the whole Convention had followed; but for particular Advi­ces he left it to themselves. Others of their Friends were by them all thought necessary to sit still in the Convention, to keep up delays in the approaching Treaty with the English; but divers of their Friends be­ing over-awed with the Power of the Church-party, did forsake them.

Great Jealou­sies and Divi­sions in Scot­land.At the same time some of the Church-party, who feared the Duke more than all that opposed them, knowing the depth of his Designs, and the smoothness of his Address, took a strange Course to render him suspected to the Kings Party, which was to let a Whisper fly out, but so as they should not appear in it, that he and they kept a Corre­spondence; which was too easily believed by many, who were already ill-affected to his Person, and displeased with his Methods: and the great forwardness of some for appearing in the Kings Service, made them impatient of all Delays. But the Duke sent divers Messages by Mr. Murray of the Bed-chamber (who was at that time sent by His Maje­sty to Scotland) to those of the Kings Friends, who he saw were dis­pleased with him, to mediate a Reconciliation, who dealt in it with all possible diligence; but their Jealousies of the Duke were insuperable. And a little after that, in the end of Iuly, some of them went to Court to represent to the King, how ill His Affairs were managed by those He trusted them to, and to offer their Servi [...]e, if He would change his Tools and Methods. The Duke upon this wrote to the King, that he found himself betwixt two Tides, of those who were perverse on the one hand, and over-forward on the other; yet he wished not only Life and Fortune, but his Soul might perish, if he left any thing un­essayed and undone, that was in his power for the Kings Service. But all in which he could hope to prevail, was Delays, which to draw out longer than this Winter he could not promise. And the Methods he used to draw out the Treaty by Delays, were, to set some on work to get Scotland to insist on their Demands for the rest of the Brotherly As­sistance, [Page 235] and for what was agreed to by the former years Treaty, to be paid for the Army in Ireland, before they engaged further, all which amounted to a round Sum; and he knew it would neither be soon, nor easily advanced. The time of the Assembly was also approaching, wherefore they advised the King for his Advocates encouragement to Name him Commissioner for it.

The Convention did little at first, only they begun a new Process against some alledged Incendiaries, and named many Committees, wait­ing still for the English Commissioners who were daily expected. On the first of August came the Kings Advocat's Commission with his Instru­ctions, and a Letter to the Assembly.

His Instructions were, First, to assure the Assembly of the Kings constant adherence to the late Establishment, and his willingness to encourage all good Motions.

He was to oppose all Treaty with England, or Declarations about the Com­motions there.

He was to oppose any new Commission of the Kirk.

He was to hinder any Censure to pass on those who had subscribed the Cross Petition.

On the second of August the Assembly sat down; The General Assembly sit [...]. but no curb could hold them, so high was their Zeal, and so void were they of respect of Persons, that the opposition the Kings Commissioner gave them was lit­tle regarded, for they went on at a great rate.

The Convention voted an hundred thousand Marks Sterling to be raised by a Loan: this was a pretty Device to fine all that were not judged well-affected; for they were appointed to lend Sums upon the Publick Faith, which every one knew would turn to no Security for their Money.

On the ninth of August came the much-longed for Commissioners from England, Commissioners come from England. with a large Declaration from the Two Houses, justifying all their Procedure, and intreating the assistance of their Brethren in Scot­land. This was cheerfully welcomed by the Assembly, and some did run so far back, as to remember how Queen Elizabeth helped the Lords of the Congregation in the Scotish Reformation in opposition to the Queen Regent; and therefore it was but Justice that they should now repay them with the like Assistance.

But that which generally prevailed to engage the greater part of the Nation in the War, The Argu­ments that prevailed for entring in a League with them. shall here be set down with that fulness and free­dom that becomes a Historian. The (now) Duke of Newcastle had rai­sed a great Army in the North of England for the King, upon which that Countrey was like to be for some time the seat of the War; and though Berwick and Carlisle had no Garrisons in them, according to the Treaty between both Kingdoms, yet it was not to be doubted, but ei­ther the one side or the other would see their advantage in putting Garrisons in these places: upon which, all in Scotland judged it necessa­ry to raise some Forces, otherwise the best Counties in Scotland, which lye toward the South, had been put under Contribution by those Gar­risons, and they had been all a prey to the prevailing Army; yea, and which side soever were either beaten or straitned, it was not to be doubted but they would send in Parties to Scotland to bring Provisions, and what else could be had; therefore it was Concluded, that a Force must be raised for the Security of Scotland. This being laid down, it [Page 236] was not uneasie to perswade all, that it was better to carry in and main­tain their Army in England, than keep it in Scotland to be a vast Charge upon themselves. And the Forces that were raised in the years 1639 and 40, had been very heavy on the chief Nobility and Gentry; nor had the Brotherly Assistance, which the Two Houses had Voted to be raised for their reimbursement, come to their Supply, the War of England intercepting it: therefore they had generally a great mind to Quarter their Army in England. Now this could not be done, they keeping up the Neutrality they were then in, therefore they must ei­ther joyn with the King or the Two Houses. For joyning with the King many Arguments were used, both from the Laws of Scotland, that obliged all the Subjects to assist the King in his Wars; and from the Covenant, wherein they swore to assist Him in every cause in which His Majesties Honour was concerned. There were also private assu­rances given, not only to the leading Men, but to the whole Nation, of signal marks of His Majesties Favour, and Confidence in the disposal of all Offices, and Places at Court, that every third time they should be filled with Scotish men, together with other particulars, not needful to be mentioned. But against all this it was objected, that those who had the Ascendant in the Councils at Oxford, were either Papists, or men of Arbitrary Principles; and the Clamours that always follow Generals and Armies where there is no certain Pay, were carried to Scotland, not without great additions, against the Kings Forces, to possess peo­ple with a deep alienation from them. It was likewise said, that since the King, notwithstanding the Declining of his Affairs in England, would not grant what was desired there about Episcopacy, it might be from thence gathered, what he would do if his Arms were successful, and therefore all People were possessed with the jealousies of his subverting the whole Settlement with Scotland, assoon as he had put the War in England to a happy Conclusion. And though it was answered to this, that the Kings putting things to hazard rather than sin against his Con­science, was the greatest assurance possible, that he would faithfully ob­serve what He had granted; to this, Malicious people said, that it would be easie to find distinctions to escape from all Engagements; and if the putting down of Episcopacy was simply sinful according to the Kings Conscience, then that alone would furnish Him with a very good reason to overturn all, since no Men are bound to observe the promi­ses they make, when they are sinful upon the Matter. And these Rea­sons did generally prevail with the Covenanters, to refuse to joyn with the Kings Party in England: therefore they concluded it necessary to Engage with the Two Houses, both because the Cause was dear to them, it being a pretence for Religion and Liberty. It was also said often, that they owed their Settlement, partly to the backwardness of the Armies the King had raised against them in England, and partly to the Council of the Peers, who had advised the King to grant a Treaty, and afterwards a full Settlement to them. And that Paper which was sent down in the Year 1640, as the Engagement of 28 of the Peers of England, for their Concurrence with the Scotish Army that year, was shown to divers, to engage them unto a Grateful return to those, to whom it was pretended they were so highly obliged. For though the Earl of Rothes (and a few more) were well satisfied about the Forgery of that Pa­per, yet they thought that a Secret of too great Importance to be generally [Page 237] known; therefore it was still kept up from the Body of that Nation. And upon these Pretences and Inducements it was, that it came to be generally agreed to, to enter into a Confederacy with the Two Houses. So Fatal did the Breach between the King and his People prove, that even when it seemed to be well made up by a full Agreement, there was still an after-game of Jealousies and Fears, which did again widen it by a new Rupture, which to these men seemed at this time unavoid­able: otherwise they found the ease of a Neutrality to be such, that the Men of the greatest Interest in those Councils have often told the Writer, they had never engaged again, had it not been for those Jealou­sies with which they were possessed to a high degree. There was a Com­mittee of Nine appointed to Treat with the Commissioners: the English pressed chiefly a Civil League, and the Scots a Religious one; but though the English yielded to this, yet they were careful to leave a door open for Independency. Thus the Treaty with the English Commissioners went on, notwithstanding a Letter the King wrote to the Chancellour, to be communicated to the Council, requiring them not to Treat with them, since they came without His Majesties Order; but they who had leaped over all other matters, could not stand at this.

And now came to light that which had been a hatching these many Months among the Iunto's, which was the Solemn League and Covenant, which follows;

The Solemn League and Covenant of the three King­doms.

WE Noblemen, Barons, Knights, Gentlemen, Citizens, and Burgesses, The Solemn League and Covenant. Ministers of the Gospel, and Commons of all sorts in the Kingdoms of Scotland, England, and Ireland, by the Providence of God living under one King, and being of one Reformed Religion, having before our eyes the glory of GOD, and the advancement of the Kingdom of our Lord and Saviour Iesus Christ, the Honour and Happiness of the Kings Majesty and His Posterity, and the true publick Liberty, Safety, and Peace of the King­dom, wherein every ones private condition is included: And calling to mind the treacherous and bloody Plots, Conspiracies, Attempts and Practices of the Enemies of GOD, against the true Religion and Professors thereof in all places, especially in these three Kingdoms ever since the Reformation of Re­ligion, and how much their Rage, Power, and Presumption are of late, and at this time encreased and exercised; whereof the deplorable estate of the Church and Kingdom of Ireland, the distressed estate of the Church and Kingdom of England, and the dangerous estate of the Church and King­dom of Scotland, are present and publick testimonies; We have now at last (after other means of Supplication, Remonstrance, Protestations and Suffe­rings) for the preservation of our selves, and our Religion, from utter ruine and destruction, according to the commendable practice of these Kingdoms in former times, and the example of Gods People in other Nations, after ma­ture [Page 238] deliberation, resolved and determined to enter into a mutual and So­lemn League and Covenant: Wherein we all subscribe, and each one of us for himself, with our hands lifted up to the most high GOD, do Swear;

I THat we shall sincerely, really and constantly, through the grace of GOD, endeavour in our several Places and Callings, the preservation of the Reformed Religion in the Church of Scotland, in Doctrine, Worship, Disci­pline and Government, against our common Enemies; the Reformation of Religion in the Kingdoms of England, & Ireland, in Doctrine, Worship, Disci­pline and Government, according to the Word of GOD, and the example of the best Reformed Churches: And shall endeavour to bring the Churches of GOD in the three Kingdoms to the nearest conjunction and Vniformity in Religion, Confession of Faith, Form of Church-Government, Directory for Worship and Catechising; that we and our Posterity after us, may as Brethren, live in Faith and Love, and the Lord may delight to dwell in the midst of us.

II That we shall in like manner, without respect of persons, endeavour the ex­tirpation of Popery, Prelacy, (that is, Church-Government by Arch-bishops, Bishops, their Chancellours and Commissaries, Deans, Deans and Chapters, Arch-deacons, and all other Ecclesiastical Officers depending on that Hierar­chy) Superstition, Heresie, Schism, Prophaneness, and whatsoever shall be found to be contrary to sound Doctrine and the Power of Godliness; lest we partake in other mens sins, and thereby be in danger to receive of their Plagues; and that the Lord may be one, and his Name one in the three Kingdoms.

III We shall with the same sincerity, reality and constancy, in our several Vo­cations, endeavour with our Estates and Lives mutually to preserve the Rights and Priviledges of the Parliaments, and the Liberties of the Kingdoms; And to preserve and defend the Kings Majesties Person and Authority, in the pre­servation and defence of the true Religion, and Liberties of the Kingdoms; That the World may bear witness with our Consciences of our Loyalty, and that we have no thoughts or intentions to diminish His Majesties just Power and Greatness.

IV We shall also with all faithfulness endeavour the discovery of all such as have been, or shall be Incendiaries, Malignants, or evil Instruments, by hindering the Reformation of Religion, dividing the King from his People, or one of the Kingdoms from another, or making any faction, or parties amongst the People, contrary to this League and Covenant, That they may be brought to publick Trial, and receive condign Punishment, as the degree of their Offences shall require or deserve, or the Supreme Iudicatories of both Kingdoms respectively, or others having power from them for that effect shall judge convenient.

V And whereas the happiness of a blessed Peace between these Kingdoms de­nyed in former times to our Progenitors, is by the good Providence of GOD, granted unto us, and hath been lately concluded, and settled by both Par­liaments, We shall each one of us, according to our place and interest, en­deavour that they may remain conjoyned in a firm Peace and Vnion to all posterity, and that Iustice may be done upon the wilful opposers thereof, in manner expressed in the precedent Article.

VI We shall also, according to our places and callings, in this common cause of Religion, Liberty, and Peace of the Kingdoms, assist and defend all those that enter into this League and Covenant, in the maintaining and pursuing [Page 239] And shall not suffer our selves directly or indirectly, by whatsoever combina­tion, perswasion, or terrour, to be divided and withdrawn from this blessed Vnion and Conjunction, whether [...]o make de [...]ection to the contrary part, or to give our selves to a detestable indifferency, or neutrality in this Cause, which so much concerneth the Glory of GOD, the Good of the Kingdoms, and Ho­nour of the King; But shall all the days of our lives zealously and constant­ly contin [...]e therein against all opposition, and promote the same according to our power, against all [...]ets and Impediments whatsoever: And what we are not able our selves to suppress or overcome, we shall reveal▪ and make known, that it may be fully prevented or removed: And which we shall do as in the sight of God.

And, because these Kingdoms are guilty of many sins, and provocations against GOD, and his Son Iesus Christ, as is too manifest by our present distresses and dangers the fruits thereof: We profess and declare before GOD and the World, our unfained desire to be humbled for our own sins, and for the sins of these Kingdoms, especially that we have not, as we ought, valued the inestimable benefit of the Gospel, that we have not laboured for the purity and power thereof, and that we have not endeavoured to receive Christ in our hearts, to walk worthy of him in our li [...]es, which are the causes of other sins and transgre [...]sions, so much abounding amongst us. And our true and un­fained purpose, des [...]re, and endeavo [...]r for our selves, and all others under our power and charge, both in publick and in private, in all Duties we owe to God and Man, to amend our lives, and each one to go before another in the example of a real Reformation; That the Lord may turn away his wrath, and he [...]vy indignation, and establish these Churches and Kingdoms in Truth and Peace. And this Covenant we make in the presence of Almighty GOD, the Searcher of all hearts, with a true intention to perform the same, as we shall answer at that great Day when the secrets of all hearts shall be disclo­sed; Most humbly beseeching the Lord to strengthen us by his Holy Spirit for th [...] end, and to bless our desires and proceedings with such success, as may be deliverance and safety to his People, and encouragement to other Christian Churches, groaning under, or in danger of Antichristian Tyranny, to joyn in the same, or like Association and Covenant, To the Glory of GOD, the En­largement of the Kingdom of Iesus Christ, and the peace and tranquility of Christ [...]an Kingdoms and Commonwealths.

This was offered to the Assembly on the 17 th of August, The Censures that generally were passed on it. and after it was publickly read, Mr. Henderson being then Moderator, had a long Speech about it. Then it was read the second time, and many of the most eminent Ministers, and Lay-Elders, were desired to deliver their Opinions about it, who did all magnifie it highly: and though the Kings Commissioner pressed a Delay, till at least it were communicated to the King; yet the approving it was put to the Vote, and carried unanimously, and they ordered the Lord Maitland (the now Duke of Lauderdale) and Mr. Henderson, and Mr. Gillespy, to carry it up to the Two Houses at Westminster. On the same day it was also approved in the Convention. Wise Obfervers wondered to see a matter of that Importance, carried through upon so little Deliberation or Debate▪ It was thoug [...]t strange to see all their Consciences of such a size, so ex­actly to agree as the several Wheels of a Clock; which made all appre­hend, there was some first Mover that directed all those other Motions: this by the one Party was imputed to Gods extraordinary Providence, [Page 240] but by others to the Power and Policy of the Leaders, and the simpli­city and fear of the rest. One Article of it was thought strange, that one Government of the Church was abjured, but none sworn to in its place for England; this was not the fault of the Scots, who de­signed nothing so much, as to see Presbytery established in England. But the English Commissioners would not hear of that, and by that General words of Reforming according to the Word of God, (cast in by Sir Henry Vane) thought themselves well-secured from the inroads of the Scotish Presbytery; and in the very contriving of that Article they studied to out-wit one another, for the Scots thought the next words of Reforming according to the Practice of the best Reformed Church­es, made sure game for the Scotish Model, since they counted it indispu­table that Scotland could not miss that Character.

Those of Scotland would have had Episcopacy abjured, as simply un­lawful: but those of England would not condemn that Order, which had merited so much Glory in the whole Christian Church, therefore the second Article was so conceived, that it might import only an Abo­lition of the present Model of England; and it was so declared, both in the Assembly of Divines, and in the Two Houses of Parliament when they swore it. The Scots either perceived not this Change, or were glad to get it carried on at any rate. But many judged the oddest part of it all was their Oath to maintain the Priviledges of both Parlia­ments, since that was never defined, and was scarce capable of a Definition; and the Priviledges of the Parliament of England, were far enough from the knowledge and divination of the Scotish People, who in this case must believe all that to be Priviledge which they cal­led so.

The Covenant was carried up, by those trusted with it, to the Two Houses, to be approved by them; and being returned to Scotland, the Committee of Estates did by their Printed Act of 22 th of October, or­dain it to be Sworn and Subscribed by all the Subjects, under the pain of being punished as Enemies to Religion, His Majesties Honour, and the Peace of these Kingdoms: and to have their Goods and Rents confisca­ted, and they not to enjoy any Benefit or Office within the Kingdom, and to be cited to the next Parliament as enemies to Religion, King and Kingdoms, and to receive what further punishment His Majesty and the Parliament should inflict on them. At this time His Majesty sent Mr. Mungo Murray to Scotland, (to assure his Friends of his Confidence in them) who brought the following Letters from the King and Queen to the Duke.

Hamilton,

Letters from the King and Queen to the Duk [...]. I Find there hath been a great Mistaking about that mark of Favour, which I thought fit to bestow upon you, the particulars I have commanded Mungo Murray to tell you: only this I assure you, that my Confidence of you is not lessened, from what I com­manded your Brother to assure you of in my Name, for you shall find me

Your most assured, real, constant Friend, CHARLES R.
Cousin,

AS soon as I had occasion since my Arrival hither, to write to you, I have resolved to do it, both to assure you of all that I said to you when I was at York; as also to tell you that I am none of the least sharers in rejoycing at the Honour the King hath put on you. This is a mark of the Confidence He hath in you, which I am assured you will make the World see, was founded on very good reason. The Bearer is a Person who will tell you more than I can write: to him I refer my self, and shall say no more but that I am

Your affectionate Cousin, HENRIETA MARIA R.
Oxford, 28 th August.

The Kings Friends had gone to the several places where their Interests lay, to see what likelyhood there was of Raising any Force for advancing the Kings Service by extreme ways; and to put a better colour on their Gathering of People together, they carried with them the follow­ing Letter, which was Signed by His Majesty, and of which Lanerick was ordered to give an attested Copy to all who were well-affected.

CHARLES R.
RIght Trusty, and Right well-beloved Cousin and Councellour,
The Kings Letter to His good Subjects in Scotland.
We Greet you well.

Since nothing on Earth can be more dear to Vs than the Preservation of the Affections of Our People, and amongst them, none more than those of Our Native Kingdom, which, as the long and uninterrupted Government of Vs and Our Predecessors over them doth give Vs just reason, in a more near and special manner to challenge from them, so may they justly expect a particular Tenderness from Vs, in every thing that may contribute to their Happiness: but knowing what industry is used, by scattering Seditious Pamphlets, and employing private Agents and Instructions, to give bad im­pressions of Vs and Our Proceedings, (under a Pretence of danger to Re­ligion and Government) to corrupt their Fidelities and Affections, and to engage them in an unjust Quarrel against Vs their King, We cannot there­fore but endeavour to remove these Iealousies, and secure their fears from all possibility of any hazard to either of these from Vs: We have therefore thought fit to require you to call together your Friends, Vassals, Tenants, and such others as have any dependance upon you, and in Our Name to shew them Our Willingness to give all the Assurances they can desire, or We possi­bly grant, (if more can be given than already is) of preserving inviolably all those Graces and Favours, which We have of late granted to that Our King­dom, and that We do faithfully promise never to go to the contrary of any thing there established, either in Ecclesiastical or Civil Government: but that [Page 242] We will inviolably keep the same, according to the Laws of that Our King­dom, and We do wish God so to bless Our Proceedings and Posterity, as We do really make good, and perform this Promise. We hope this will give so full sa­tisfaction to all that shall hear of this Our solemn Protestation, that no such persons as study Division, or go about to weaken the Confidence betwixt Vs and Our People, and justly deserve the name and punishment of Incendiaries, shall be sheltred from the hand of Iustice; and all such others as shall endeavour Peace and Vnity, and Obedience to Vs and Our Laws, may expect that Pro­tection, and increase of Favours from Vs, which their Fidelity deserves. So expecting your Care hereof, We bid you heartily farewell.

From Our Court at Oxford the 21 st of April, 1643.

These Lords appointed at parting to meet again about the end of August, The Lords whom theKing employed, meet and send Propositions to the King. which accordingly they did; and when they met, divers told they found much coldness among their Friends. Many professed a cor­dialness to the Kings Service; but they had neither Armes, nor Ammu­nition, nor saw they a place of Security for a Rendezvouz, nor of Safety for a Retreat in case of a Misfortune; so that divers of the Noblemen said, It was not in their power to bring any with them to the fields, but their own Domesticks. Whereupon it was agreed by them all, to send one Neal Servant to Mr. Murray of the Bed-Chamber to the Marquis of Newcastle, to desire him to seize on Berwick, which was of great Impor­tance, and was at time without a Garison, that it might be the Place whither they might bring what Forces they could draw together which was indeed the most proper Place for them, since the Counties that lay next it were best-affected. They likewise desired my Lord Newcastle, to send them such Arms and Ammunition, as could be spared them out of the Kings Magazins, which were then in his hands: they also ordered Neal to go forward from him to Oxford, to give the King an account of their Desires, that they might be presently supplied. He was dispatched on the 29 th of August; but on the 4 th of September my Lord Newcastle wrote back to them a short answer referring them to Neal, who in a large one, (both which are extant) told them, that my Lord Newcastle said, he could spare them neither Armes nor Ammunition: and as for Berwick he could not seize on it without bringing Ruine on himself and his Poste­rity, unless he had a Commission for it under the Great Seal of England; it being contrary to the Articles of the late Treaty of the two Kingdoms, which was ratified in Parliament.

At this time the Treaty betwixt the Two Houses in England, The Treaty betwixt Scot­land and En­gland is con­cluded. and the Convention in Scotland, was closed. Against the 5 th of October a hundred thousand pounds Sterling was to be paid in Scotland, and a­gainst the Twentieth of that Month, an Army of Twenty thousand Horse and Foot, was to be on the Borders from Scotland, who were to have thirty thousand pounds Sterling a Month for Pay; only the hun­dred thousand pounds Sterling was to serve for the first three Months. The General was to be chosen by the Scots, the Army was to receive Or­ders from a Commitee of both Kingdoms; no Peace should be treated, or concluded without the Scots: and the Publick Faith was given by the Convention of Estates in Scotland, that their Army should return out of England when a Peace was concluded by both Kingdoms. And so the Convention Adjourned till Ianuary, having chosen a Committee of E­states, to whom they gave full Power in all matters Civil and Mili­tary.

[Page 243]About the middle of September the fairest opportunity of all was lost, for the Parliament of England, apprehending the hazard of the loss of Berwick sent down some Ships, by which, Berwick seized on by the Parliament. with the Concurrence of the Scots, it was presently Garrisoned: and the Committee of Estates issu­ed out, toward the middle of September, Commissions for making of Le­vies [...]hrough the Kingdom, so that nothing kept them from Marching, but that they heard not of Money from England.

The Kings Friends were now in the greatest perplexities imaginable, they saw his Affairs in a ruining Condition, and themselves able to do nothing but regrate it. All September passed over, ere they had a re­turn from Oxford; and since the hope of Berwick was irrecoverably lost, nothing remained but Despair. The Church-party became daily more resolute, and the Kings-party became fainter. At length in the beginning of October, Mr. Mungo Murray came from Court, but brought no present Relief, only large hopes of Assistance to follow quickly. He also brought Letters from the King, both to the Council and the Con­servatours of the Peace: that to the Conservatours of the Peace fol­lows.

CHARLES R.
RIght Trusty, and Right well-beloved Cousins and Councellours, Right Trusty and well-beloved Councellours, and Trusty and well-beloved,
The Kings Letters to the Conservatours of the Treaty.
We greet you well.

No Industry hitherto could have so far prevailed with Vs, as to gain any belief that Our Scotish Subjects would countenance, much less assist this bloody Rebellion in England; yet We know not how to understand the Levying of Forces, both Foot and Horse, within Our Native Kingdom, and their entring Our Town of Berwick in an hostile manner.

You are particularly trusted by Vs and Our Parliament, (and solemnly sworn to be faithful in the discharge of that Trust) of seeing the Articles of the late Treaty observed, which here is most grosly violated: therefore We require you, as you will be answerable to God, to Vs, and Our Parlia­ment, to take speedy and present Order for recalling and suppressing those Forces.

Our most malicious Enemies must bear Vs witness, how religiously We have observed these Articles on Our part, whereof if We had not been more tender, (than the advisers of the Breach have been of the Publick Faith) it is obvi­ous to any, how easily We could have secured that Town from all Rebels.

We have likewise thought fit to take notice of the private Preparations in that Our Kingdom, of Raising an Army by a new Authority, to come into Our Kingdom of England, under the pretence of securing themselves from a Popish and Prelatical Army, falsly alledged to be upon the Borders; such For­ces as We have there, being only for Protecting of Our distressed Subjects from the Incursion of Rebels, from their Ships at Berwick, and Holy-Island, and for no other end. Such then as shelter themselves under that Pretext, will find from thence but a slender Warrant before God, who knows the integrity of Our Heart, and how inviolably We intend to preserve all that We have gran­ted to that Kingdom, so long as they suffer themselves to be capable of Our Protection, and those Favours.

We do require you not only to oppose and suppress all such unwarrantable Levies, but by your Publick Declaration to disabuse those Rebels in England, [Page 244] who endeavour to engage you in their Rebellion, and expect Assistance from you; in all which We look for ready Obedience, and expect a present account thereof. We bid you heartily farewell.

Given at Our Court at Oxford the 26 th day of September, in the 19 th Year of Our Reign, 1643.

The Letter to the Council follows.

CHARLES R.
The Kings Letter to the Council.
RIght Trusty and Right well-beloved Cousins and Councellours, and Trusty and well-beloved Councellours, We greet you well.

Whereas Our desire of preserving Peace within Our Native Kingdom, and preventing such Disputes which malicious Instruments might so heighten, as to divide Vs and any of Our Scotish Subjects, moved Vs by Our Let­ter of the tenth of June, to dispense with the unwarrantable Calling together of the Nobility, Commissioners of Shires and Burroughs, at Edinburgh the twenty second of June 1643, and so far to give way to the Meeting, as to allow them to take into Consideration the best ways of Maintaining Our Scotish Army in Ireland, for Suppressing of that bloody Rebellion there, since Our Two Houses of Parliament here had failed in the performance of the Treaty, concluded upon betwixt the Two Nations for that effect, and likewise for such other Particulars as Our said Letter doth more fully contain; expecting they would have limited their Resolutions there­unto, and paid an equal Gratitude of Duty and Obedience to Vs and Our Iust Commands, as We have so lately and so many ways expressed Our Affection to that Our Kingdom in General, and so many Members of that Meeting in their own particulars: all which notwithstanding they have pro­ceeded to Resolutions as unjustifiable as their Meeting, and would engage Our Subjects to an Obedience of their Arbitrary Commands, beyond the Power of any of the most Free and Lawful Conventions of the Estates, Our Authori­ty and Consent being so absolutely contemned, that they have ex [...]eeded the Bounds We have prescribed, and proceeded to Conclusions of the highest nature, without so much as acquainting Vs therewith. Such high Indignities to Vs and Our Authority, make Vs believe they have forgot they have a King, and their Oaths in preserving Vs in Our Iust Power as their King: but God will discover and punish such undutiful Thoughts, how closely soever they be clou­ded with pretences of Safety to Religion and Liberty, which they know will ever be dearer to Vs than Our Own Preservation. Our good Subjects will likewise suffer with Vs by their heavy Taxes upon them, and possibly by their desperate Resolutions of their Engaging them in a bloody and unnatural War. Those Injuries to Vs, and Oppre [...]sions upon them, We expect you (whom We have with Advice of Our Parliament entrusted with managing the greatest Affairs of that Our Kingdom) will particularly resent: and therefore We have thought fit to require you immediately after the receipt hereof, to publish in Our Name a Proclamation to all Our loving Subjects of that Our Native Kingdom, prohibiting them under all highest pains to give Obedience to any Act or Ordinance of that pretended Convention, or of any Committee pretend­ing a Power or Authority from them; but to oppose by Armes, or otherways, all such Persons, as shall endeavour to put in execution any Acts of theirs, (but such as We expressed in Our Letter We mentioned of the tenth of June, [Page 245] which was so much slighted as it was refused to be Recorded) for the Raising of Forces, or Recalling Our Scotish Army in Ireland, or any part thereof without Our Knowledge and Consent: and We do likewise require, that no Taxes imposed upon Our Subjects by that pretended Authority be paid; assuring all Our Loving Subjects of Our Protection, in the Obedience of these Our Com­mands; for which these shall be your Warrant, which We require you to Re­cord.

Given at Our Court at Oxford the 26 th of September,